The Board denied the Veteran's claims for service connection for a respiratory disability and heart disability, as well as his claim for TDIU prior to August 18, 2015. The decision found that there was insufficient evidence to establish a relationship between these disabilities and service or service-connected conditions.
The deciding factor: The Board determined that the Veteran's current respiratory disability is not related to service or a service-connected condition, and his heart disability claim cannot be reopened as there is no established service connection for a lung disability on which it could be secondary. The TDIU claim was denied due to insufficient evidence showing the Veteran is unable to secure and follow a substantially gainful occupation.
- Claimed conditions
- respiratory disability, heart disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072034
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).
- Denied
The Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
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