The Board denied the Veteran's claim for service connection for a lung disability, finding that the evidence did not support a link between his current lung condition and in-service asbestos exposure. The preponderance of the evidence was against the claim.
The deciding factor: The medical opinions provided by VA and private physicians were consistent in concluding that the Veteran's COPD was more likely due to his long smoking history than to his in-service asbestos exposure.
- Claimed conditions
- Lung disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 27, 2021
- Citation
- 21076759
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. Read the original VA decision (opens in a new tab) using citation 21076759.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected lung disability has prevented him from securing and following a substantially gainful occupation since August 10, 2022. The Board granted a TDIU on an extraschedular basis for this period.
- Whole decision: Partly granted
The Board granted service connection for a lung disability and a bilateral foot disability based on new evidence, but denied service connection for bilateral hearing loss, hypertension, and colon cancer.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for a kidney cyst, fibromyalgia, and a lung disability due to a pre-decisional duty-to-assist error.
- Whole decision: Denied
The Board denied service connection for bilateral hearing loss, heart, kidney, liver, lung, and sinusitis disabilities as there was no evidence of current disabilities or persistent symptoms.
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