The Veteran's breathing problems are already being compensated as part of his heart disability rating, so he cannot get separate service connection for this issue.
The deciding factor: The Veteran's breathing issues have been addressed in the context of his existing heart disability rating criteria and do not constitute a separate condition that can be granted service connection.
- Claimed conditions
- respiratory condition, difficulty breathing, chronic dyspnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 23, 2014
- Citation
- 1423585
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 1423585.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for anxiety, depression, brittleness of teeth, chronic headaches, joint pain, and a respiratory condition are remanded due to the need for additional medical opinions.
- Whole decision: Remanded (sent back)
The Board has decided to remand the cases for further development due to inadequate VA examinations and missing evidence. The Veteran's claims of service connection for sleep apnea, a respiratory condition, and bilateral hearing loss are being reviewed.
- Whole decision: Remanded (sent back)
The Board has remanded the issues of service connection for extreme fatigue, difficulty breathing, sepsis, and urinary tract infection due to incomplete records and a need for additional medical opinions.
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