The Board denied service connection for asthma, COPD, CHF, emphysema, right shoulder degenerative joint disease, and mood disorder (also claimed as borderline intellectual functioning) due to lack of evidence showing these conditions were incurred or aggravated during the appellant's ACDUTRA service.
The deciding factor: The Board found that there was no credible evidence of an in-service event for any of the claimed disabilities and thus failed to meet the second element required for service connection (incurrence or aggravation of a disease or injury during service).
- Claimed conditions
- asthma, chronic obstructive pulmonary disease (COPD), emphysema, congestive heart failure (CHF), right shoulder degenerative joint disease, mood disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2019
- Citation
- 19135501
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19135501.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- 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.
- 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.
- 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.
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