The Board denied the Veteran's claim of service connection for a respiratory disability, finding that there was no evidence of chronic respiratory problems during or within one year after service separation. The preponderance of the evidence did not support a causal relationship between any in-service respiratory conditions and current respiratory disabilities.
The deciding factor: There is no credible evidence of continuity of symptoms from service to the present for a respiratory disability, and the Veteran's assertions of chronicity are inconsistent with contemporaneous medical records that consistently denied respiratory issues. The VA examiner found no evidence of a chronic respiratory disability during or within one year after separation from service.
- Claimed conditions
- respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069992
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for complete loss of sense of smell, an acquired psychiatric disability, a low back disability, a respiratory disability, and tinnitus to schedule VA examinations.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea, hypertension, a heart disability, and a respiratory disability due to outstanding service treatment records and insufficient medical evidence.
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