The Veteran has a current lung disability, which is related to her history of smoking tobacco and not service. Service connection for the lung disorder due to asbestos exposure in service was denied as it did not meet the criteria for presumptive service connection under 38 C.F.R. § 3.309(a). The residuals of pubic fracture were found to have undergone a permanent worsening during service, warranting service connection. For the period from November 16, 2009, the Veteran's combined disability ratings meet the minimum combined rating criteria for eligibility for TDIU.
The deciding factor: The lung disorder was not incurred in or aggravated by service due to asbestos exposure as it is more likely related to smoking tobacco and does not meet the criteria for presumptive service connection under 38 C.F.R. § 3.309(a). The residuals of pubic fracture were found to have undergone a permanent worsening during service, warranting service connection.
- Claimed conditions
- lung disorder, emphysema, pneumonia, hypoxemia, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2016
- Citation
- 1618860
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 1618860.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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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.
- Dismissed
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- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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