The Board denied compensation under 38 U.S.C. § 1151 for a right lung disorder, to include a pneumothorax, as the Veteran's condition was not caused by VA treatment and there was no negligence or fault on the part of VA.
The deciding factor: The Board found that the Veteran's right lung disorder did not result from carelessness, negligence, lack of proper skill, error in judgment, or similar fault on VA's part in furnishing hospital care, medical or surgical treatment, or examination.
- Claimed conditions
- Right lung disorder, Pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 6, 2018
- Citation
- 18132304
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 18132304.
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: Granted
The Board has granted service connection for the cause of the Veteran's death, finding that his pulmonary fibrosis was at least as likely as not related to his presumed in-service exposure to herbicide agents (Agent Orange). The decision also considers whether his service-connected diabetes mellitus contributed to his lung conditions.
- Whole decision: Remanded (sent back)
The Veteran's cause of death is remanded due to the need for additional medical opinions and VA treatment records.
- Whole decision: Partly granted
The Veteran's request to reopen his claim for service connection for residuals of pneumothorax has been granted. The initial rating for PTSD before October 29, 2020 remains denied.
- Whole decision: Denied
The Board denied service connection for a right lung disorder, finding that the Veteran's current respiratory disorder is not related to his in-service MVA and there is no evidence of a gunshot wound during service. The preponderance of the evidence supports this conclusion.
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