The Veteran's chronic respiratory disability, not attributable to a known clinical diagnosis, has manifested to a compensable degree after his service in the Southwest Asia theater of operation. The Board finds service connection for this condition is warranted under the presumptive provisions of 38 C.F.R. § 3.317.
The deciding factor: The Veteran's disability meets the criteria for a qualifying chronic disability under 38 C.F.R. § 3.317 due to his exposure to burn pits during service, and there is no requirement for a nexus between the disability and service as per this regulation.
- Claimed conditions
- Respiratory disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- 10%
- Decision date
- August 10, 2020
- Citation
- 20052752
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 20052752.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a respiratory disability and a left shoulder disability, finding that there was no evidence of an in-service event or injury resulting in these conditions.
- Remanded (sent back)
The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for PTSD, CFS, and a respiratory disability. The claims are being remanded to allow for further development.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error and incomplete medical opinions. The Veteran's respiratory disability claim is being returned for further development.
- Remanded (sent back)
The Board has remanded the case for a more detailed medical opinion regarding whether the Veteran requires personal care services, supervision or protection based on symptoms or residuals of neurological or other impairment or injury, and needs regular extensive instruction or supervision.
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