The Veteran's claim for service connection of COPD is granted. The claim for service connection of OSA is remanded due to failure to substantially comply with the July 2020 Board decision.
The deciding factor: The Board found that the Veteran was exposed to burn pit smoke during active duty and conceded his exposure to herbicide agents, which are presumed in Vietnam veterans. The claim for service connection of OSA is remanded due to failure to obtain an adequate opinion regarding the cause of the Veteran's sleep apnea.
- Claimed conditions
- COPD, Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 8, 2024
- Citation
- A24023979
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 A24023979.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
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