The Board denied the Veteran's claim for service connection for a respiratory condition, finding that there is not an approximate balance of positive and negative evidence to support the claim. The evidence does not show that the current respiratory condition began during active service or is related to any in-service injury, event, or disease.
The deciding factor: The VA examiner opined that the Veteran's emphysema is not at least as likely as not related to an in-service injury, event, or disease, including environmental exposures aboard the USS Detroit. The prior history of smoking was a more significant risk factor for emphysema.
- Claimed conditions
- respiratory condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2023
- Citation
- 23040484
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 23040484.
What this means for you
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for anxiety, depression, brittleness of teeth, chronic headaches, joint pain, and a respiratory condition are remanded due to the need for additional medical opinions.
- Remanded (sent back)
The Board has decided to remand the cases for further development due to inadequate VA examinations and missing evidence. The Veteran's claims of service connection for sleep apnea, a respiratory condition, and bilateral hearing loss are being reviewed.
- Denied
The Veteran's appeal for an increased rating for tinnitus is denied as his disability has already been rated at the maximum allowable level.,Service connection for bilateral hearing loss is denied because there is no evidence of a current hearing loss disability for VA purposes during the pendency of this appeal.,Service connection for a right shoulder disorder, headaches, TMJ dysfunction, hypertension, vertigo, and respiratory condition are all denied as there is no persuasive evidence that these conditions were incurred or aggravated by service.
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