The Veteran's claims for fatigue, bronchitis, asthma, COPD, a sleep condition (claimed as sleep apnea), high cholesterol, diverticulosis, colon polyps, kidney stones, facial acne, cysts and lumps, and headaches have all been denied.,There is no evidence of any chronic conditions related to service or exposure to herbicides in Vietnam.
The deciding factor: The medical records do not show a current diagnosis of the claimed conditions. The Veteran's assertions are considered beyond his competency level for determining the presence of these conditions.
- Claimed conditions
- fatigue, bronchitis, asthma, chronic obstructive pulmonary disease (COPD), a sleep condition (claimed as sleep apnea), high cholesterol, diverticulosis, colon polyps, kidney stones, facial acne, cysts and lumps, headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072843
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.