The Board denied the Veteran's claim for service connection for respiratory conditions, diagnosed as PE and restrictive lung disease, finding that there is no evidence to support a link between his current condition and military service.
The deciding factor: The VA examiner found that the Veteran's respiratory conditions are less likely than not related to his military service due to lack of x-ray evidence of asbestosis and medical literature not supporting an association between asbestos exposure and PE. The shortness of breath, acute hypoxic respiratory failure, and bilateral basilar ground glass opacities were attributed to his PE.
- Claimed conditions
- Pulmonary Embolus (PE), Restrictive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 6, 2023
- Citation
- 23026859
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 23026859.
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: Dismissed
The Veteran withdrew his appeals for service connection of left shoulder, left sinus tarsi syndrome disorder, right sinus tarsi syndrome disorder, left ankle condition and right ankle condition.,Service connection was granted for restrictive lung disease, lumbosacral strain condition, left knee condition, right knee condition, bilateral metatarsalgia condition and bilateral plantar fasciitis condition.
- Whole decision: Granted
The Veteran's September 4, 2024 HLR request was improperly rejected by the AOJ. The Board finds that the request is timely and valid, and reinstates the claims for earlier effective dates and increased ratings.
- Whole decision: Granted
The Board found that the original grant of service connection for restrictive lung disease was not clearly and unmistakably erroneous, thus granting restoration of service connection.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to determine if the Veteran's respiratory disability, including COPD and restrictive lung disease, is related to his active service.
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