The Board found that the Veteran's breathing condition did not manifest in service or for many years thereafter and is not otherwise etiologically related to active service, or any in-service event or disease therein. Therefore, the claim of entitlement to service connection for a breathing condition was denied.
The deciding factor: The evidence does not support a causal linkage between the Veteran's respiratory condition resulting from active duty, including as due to asbestos exposure.
- Claimed conditions
- Breathing condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 9, 2023
- Citation
- 23044270
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 23044270.
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: Partly granted
The Board denied service connection for ischemic heart disease, cardiac hypertrophy, and an initial compensable rating for hypertension. The claims for a breathing condition and lung infection were remanded.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's breathing condition and sinusitis, including a lack of clear diagnosis and etiology.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, requiring VA examinations and medical opinions to determine if the Veteran's claimed conditions are caused or aggravated by his service-connected psychiatric disabilities.
- Whole decision: Granted
The petition to reopen the previously denied claim for service connection for a breathing condition is granted. The Board finds that new and material evidence has been received, allowing the reopening of the claim. However, the rating for GERD remains remanded due to possible worsening, and other claims are also remanded.
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