The Board denied service connection for respiratory failure and COPD due to the Veteran's service-connected congestive heart failure, as well as service connection for discoid lupus due to the Veteran's service-connected chronic renal failure and congestive heart failure.
The deciding factor: The evidence of record does not support a finding that the respiratory disorder or discoid lupus is related to active service. The VA examiners provided negative nexus opinions, citing the Veteran's long-standing history of smoking for COPD and the lack of medical relationship between the conditions for discoid lupus.
- Claimed conditions
- respiratory failure, COPD, discoid lupus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21063026
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.
- Denied
The Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether the Veteran's acute hypoxemia, respiratory failure, and pneumonia were related to service or toxic exposure under the PACT Act.
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