The Board denied the Veteran's claim for service connection for a respiratory disability due to lack of evidence showing a current diagnosis and no indication that the condition is associated with his military service.
The deciding factor: There was insufficient medical evidence to show a nexus between the claimed respiratory disability and the Veteran's service, as there were no VA or private medical records documenting any respiratory condition during the appeal period.
- Claimed conditions
- respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 26, 2023
- Citation
- 23053621
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 23053621.
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 has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Whole decision: Dismissed
The Veteran withdrew his appeal regarding the claims for service connection for a skin condition, traumatic brain injury, a respiratory disability, bilateral shin splints, and bilateral flatfoot.
- Whole decision: Remanded (sent back)
The Board has remanded the claim of service connection for a respiratory disability, including emphysema and mucus with coughing due to an error in providing notice. The AOJ is instructed to provide the Veteran with notice of his right to a hearing.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.