The Veteran's claims for fibromyalgia, asthma, GERD, prostate disability, skin disabilities, and a mass removed from the back are all denied as there is no evidence of these conditions during service or within one year of separation. The Board found that the Veteran did not have any of these conditions due to herbicide exposure in Vietnam.
The deciding factor: The Veteran's claims were based on presumed exposure to herbicides, but the diseases claimed (fibromyalgia, asthma, GERD, prostate disability, skin disabilities, and a mass removed from the back) are not listed among the presumptive diseases for which service connection can be awarded under 38 C.F.R. § 3.309(e).
- Claimed conditions
- fibromyalgia, asthma, gastroesophageal reflux disease (GERD), prostate disability, skin disability (including actinic keratosis, furuncle-hand, cellulitis, folliculitis barbae, and phymatous rosacea), mass removed from the back
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- May 16, 2019
- Citation
- 19138026
Veterans Law Judge
Decisions by this judge: 1,030 · Granted: 17% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19138026.
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 Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Whole decision: Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- 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.
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