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Whole decision: DeniedPACT Act

The Veteran's claim for service connection for COPD is denied as the evidence does not support a link between his current condition and in-service asbestos exposure.,Service connection for bilateral hearing loss is denied because there was no increase in severity during service. The Veteran had pre-existing hearing loss at entry into service.,The Veteran's claim for service connection for DM II (diabetes mellitus type 2) due to herbicide agent exposure is remanded as VA needs to verify his reported exposure.

The deciding factor: There is no evidence of a link between the Veteran’s COPD and in-service asbestos exposure.,The Veteran's pre-existing hearing loss did not worsen during service, so it cannot be considered aggravated by service.,VA needs to verify whether the Veteran was exposed to herbicide agents while serving on the USS Denver.

Claimed conditions
chronic obstructive pulmonary disease (COPD), bilateral hearing loss, diabetes mellitus type 2 (DM II)
How they argued it
Not specified
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
January 10, 2020
Citation
20002271

Veterans Law Judge

MICHAEL KILCOYNE

Decisions by this judge: 145 · Granted: 26% (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 20002271.

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.

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