The Board denied the Veteran's claim for service connection for a respiratory disorder, including asthma and COPD, finding that there was no clear and unmistakable evidence of pre-existing conditions. The Board also found insufficient evidence to support an in-service onset or aggravation of these conditions.
The deciding factor: The Board determined that the presumption of soundness did not apply due to missing service records, and thus could not rebut the presumption of a pre-existing condition. There was no clear and unmistakable evidence provided by the Veteran or his brother to support their claims of prior respiratory issues.
- Claimed conditions
- respiratory disorder, asthma with chronic obstructive pulmonary disease (COPD), bronchiectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2019
- Citation
- 19164177
Veterans Law Judge
Decisions by this judge: 1,828 · Granted: 32% (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 19164177.
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.
- Dismissed
The Board dismissed the Veteran's claim for an earlier effective date for his COPD with ILD, specifically bronchiectasis and pulmonary nodules as it is a freestanding claim that cannot be filed after a final decision.
- Remanded (sent back)
The Board has determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Dismissed
The appeal for a respiratory disorder is dismissed. Service connection for right hand palmar nodule and service connection for a right hand scar are granted, but the issue of service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded.
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