The Board denied service connection for respiratory problems, asthma, and obstructive sleep apnea. The Veteran's respiratory disability is not considered a qualifying chronic disability under 38 C.F.R. § 3.317 due to lack of evidence of undiagnosed illness or chronicity during active service. Service connection was also denied for obstructive sleep apnea as it is not proximately due to or the result of a service-connected disability.
The deciding factor: The VA examinations and medical records did not provide sufficient evidence to establish that the Veteran's respiratory problems, including asthma, were incurred in service or are otherwise related to his active duty. The Board found that there was no documentation of any respiratory problems until many years post-service, and the exposure during service was minimal at worst.
- Claimed conditions
- respiratory problems, asthma, bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 27, 2016
- Citation
- 1616825
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. Search VA.gov for the original decision (opens in a new tab) using citation 1616825.
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: Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Whole decision: Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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