The Board denied the Veteran's claim for service connection for respiratory disability, including lung cancer and COPD, finding that his conditions are not related to his military service, particularly due to his long-standing smoking habit.
The deciding factor: VA examiners concluded that the Veteran's respiratory conditions are less likely as not related to in-service exposure to herbicide agents and asbestos, with heavy smoking being the most probable cause of his COPD and lung cancer.
- Claimed conditions
- lung cancer, COPD
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- May 10, 2021
- Citation
- 21028061
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 21028061.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
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