The Veteran's lung disorder and foot disability claims were denied. The lung disorder claim was based on exposure to mustard gas, but no such condition was found. The foot disability claim was granted service connection, but the effective date is set at September 13, 1999.
The deciding factor: There is insufficient evidence of a current lung disability related to mustard gas exposure in service and no other diagnosed respiratory disorder. For the foot disability, there was no new and material evidence submitted within one year of the August 1996 denial, making the claim final.
- Claimed conditions
- lung disorder, foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2016
- Citation
- 1618395
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1618395.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has remanded the case due to incomplete development and the need for a new examination. The appellant's service connection claim for a foot disability is being reviewed.
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The Board has remanded the Veteran's claims due to pre-decisional duty to assist errors, requiring additional medical opinions and development.
- Dismissed
The Veteran's claims for tinnitus and an acquired psychiatric disability were dismissed due to improper concurrent elections.,The Board found that the Veteran does not have a current diagnosis of back, sciatic nerve, right shoulder, foot, skin, left-hand, or right-hand disabilities. The claim for headaches was also denied.
- Remanded (sent back)
The Veteran's appeal for a higher evaluation for his service-connected foot disability is being remanded due to the need to obtain information about the qualifications of the December 2022 VA examiner who conducted the examination.
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