The Veteran's claim for service connection for COPD due to asbestos exposure was denied because the evidence did not show in-service asbestos exposure or that his COPD had its onset in or was otherwise caused by his service. The Board found new and material evidence, but it did not relate to an unestablished fact necessary to substantiate the claim.
The deciding factor: The new evidence presented by the Veteran did not relate to in-service asbestos exposure or an unestablished fact necessary to substantiate the Veteran’s claim that his COPD occurred in or was caused by his service.
- Claimed conditions
- COPD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2020
- Citation
- 20028769
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 20028769.
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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