The Board denied service connection for a respiratory disability, to include COPD, and remanded the issue of service connection for residuals of colon cancer due to lack of evidence supporting exposure to ionizing radiation or herbicides.
The deciding factor: The August 2021 VA examiner's medical opinion found that it was less likely than not that the Veteran's respiratory condition, including COPD, was incurred in or caused by an in-service injury, event, or illness. The Board also considered the Veteran's smoking history as a significant factor.
- Claimed conditions
- respiratory disability, to include COPD, residuals of colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001284
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for complete loss of sense of smell, an acquired psychiatric disability, a low back disability, a respiratory disability, and tinnitus to schedule VA examinations.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea, hypertension, a heart disability, and a respiratory disability due to outstanding service treatment records and insufficient medical evidence.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.