The Veteran's additional chronic disability of difficulty breathing and difficulty swallowing is not considered to be caused by VA medical treatment received in March 1981, thus compensation under 38 U.S.C. § 1151 for this condition is denied.
The deciding factor: The May 2020 VA physician concluded that the Veteran's disability of difficulty swallowing and breathing was not due to negligence or other similar error by VA, but rather related to lower esophageal narrowing and COPD (Chronic Obstructive Pulmonary Disease).
- Claimed conditions
- difficulty breathing, difficulty swallowing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080776
Veterans Law Judge
Decisions by this judge: 1,506 · Granted: 43% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20080776.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has remanded the issues of service connection for extreme fatigue, difficulty breathing, sepsis, and urinary tract infection due to incomplete records and a need for additional medical opinions.
- Remanded (sent back)
The Board has decided that the Veteran's respiratory disability, including difficulty breathing and COPD, is related to in-service toxic exposure risk activities. However, due to a duty to assist error, the case is being remanded for further evaluation.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination, specifically regarding the Veteran's exposure to burn pits and other airborne chemicals during his deployment to Honduras. The Veteran is seeking service connection for a respiratory disability, including COPD, chronic bronchitis, and difficulty breathing.
- Dismissed
The appeal for service connection for chronic cough and difficulty breathing (diagnosed as chronic bronchitis) is dismissed. Service connection for aortic aneurysm is granted.
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