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
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
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for headache attributed to RCVS and persistent thunderclap headache, restored a disability rating of 60 percent for asthma with COPD, denied an initial rating greater than 60 percent for asthma with COPD, denied an initial rating greater than 10 percent for RCVS and aphasia, granted separate ratings for muscle weakness in the upper and lower extremities due to RCVS, denied a higher rating for myocardial infarction with arteriosclerotic heart disease, granted TDIU from August 23, 2023, and granted an effective date of August 23, 2023, for DEA benefits.
- Granted
The Board granted service connection for a lung disability, to include bronchiectasis, based on herbicide agent exposure due to the Veteran's service in Vietnam.
- Partly granted
The Veteran was granted a disability rating of 30 percent for asthma with COPD prior to October 30, 2024, but the claim for a higher rating was denied.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
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