The Board has reopened the claim for service connection of COPD due to new and material evidence received since the May 2013 rating decision. However, it denied service connection as there is no credible evidence linking current COPD to service exposure or smoking history.
The deciding factor: The Veteran's smoking history post-service was inconsistent with his claimed in-service exposure to asbestos and welding fumes, leading to a denial of service connection for COPD.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073861
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 asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Granted
The Board granted an initial 60 percent rating for COPD, resolving all reasonable doubt in the Veteran's favor.
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