The Veteran's pulmonary lung infection and aspergillosis were not caused by VA carelessness, negligence, or similar fault. The Board found no additional disability resulting from the treatment.
The deciding factor: The VA examiner concluded that there was no indication of any delay in diagnosis due to VA fault, and that the treating clinicians acted appropriately in first attempting to treat pneumonia before considering aspergillosis.
- Claimed conditions
- pulmonary lung infection, aspergillosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2019
- Citation
- 19186649
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 19186649.
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: Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for chronic lung abscess and aspergillosis due to a lack of sufficient medical evidence. The VA will need to obtain updated medical opinions regarding whether these conditions are related to his active service, particularly given his exposure to burn pits during service.
- Whole decision: Granted
The Veteran's lung disability, rated as 100 percent disabling from March 1, 2006 to November 9, 2011, was granted. He also received a special monthly compensation (SMC) at the housebound rate and his TDIU claim was denied.
- Whole decision: Granted
The reduction in the disability rating for aspergillosis with obstructive pulmonary disease from 100 percent to noncompensable was proper, and a 30 percent rating is granted effective August 1, 2016. The Veteran's service-connected disabilities do not render him housebound or unemployable.
- Whole decision: Remanded (sent back)
The Veteran is seeking service connection for various respiratory and foot conditions, including residuals of pulmonary tuberculosis, scarring of lungs, aspergillosis, and pes planus. The Board has decided to remand the case for additional development.
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