The Veteran's respiratory disorder, including COPD and asthma, is not service connected. Service connection for OSA was denied. An effective date of October 17, 2007, but no earlier, has been granted for the award of service connection for essential tremor.
The deciding factor: VA medical opinions established that the Veteran's respiratory disorder preexisted his second period of active duty and was not aggravated by such service. The effective date is based on a new claim filed in October 2007.
- Claimed conditions
- Respiratory Disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- February 10, 2021
- Citation
- 21007628
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 21007628.
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 initial ratings in excess of the assigned percentages for OSA, hypertension, allergic rhinitis, and irritable colon syndrome. Service connection was also denied for chronic fatigue syndrome and a respiratory disorder.
- Denied
The Board denied an evaluation higher than 50 percent for PTSD and remanded the claim for service connection for a respiratory disorder.
- Partly granted
The veteran's claim for service connection for a traumatic brain injury (TBI) was granted. The claims for respiratory disorder and an earlier effective date for allergic rhinitis were remanded.
- Granted
The Veteran's hypertension, tinnitus, and diabetes mellitus have been granted service connection. However, the initial compensable rating for hypertension has been denied.,Service connection for bilateral hearing loss and a sinus disorder is denied due to lack of evidence meeting VA criteria for these conditions during or approximate to the appeal period.,The Veteran's tinnitus was found to have begun during service and has been continuous since then, granting service connection. Service connection for diabetes mellitus is also granted.,Service connection for bilateral eye disorder, sleep disorder (including insomnia and sleep apnea), headache disorder, thyroid disorder, and respiratory disorder remains pending as remanded by the Board.
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