The Veteran's service connection claim for a respiratory disorder, including as due to exposure to asbestos and herbicides (Agent Orange), is denied. The Board found that the Veteran does not have a respiratory cancer associated with Agent Orange exposure and did not find direct evidence linking his current respiratory disorders to his presumed exposure.
The deciding factor: The Veteran's respiratory disorders are not among the diseases listed in 38 C.F.R. § 3.309(e) for presumptive service connection due to herbicide exposure, but he has not provided sufficient evidence of a direct causal relationship between his current conditions and his presumed Agent Orange exposure.
- Claimed conditions
- COPD, emphysema, asthma, reactive airway disease (RAD), fibrosis, soft tissue nodules (granulomatous lung disease)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- October 14, 2020
- Citation
- 20066542
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (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 20066542.
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: 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.
- Whole decision: Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Whole decision: Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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