The Board denied service connection for a respiratory disorder and right leg impairment, other than radiculopathy, as the evidence did not support a link to service or a service-connected disability. The back disability claim was remanded for further development.
The deciding factor: The VA examiners found that the Veteran's respiratory condition and right leg impairment were less likely related to his service or secondary to a service-connected disability due to heavy smoking history, and no evidence of in-service onset or current diagnosis of relevant conditions. The back disability claim was remanded for additional clarification.
- Claimed conditions
- Respiratory disorder, Right leg impairment, other than radiculopathy, Back disability, Right lower extremity radiculopathy, Right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2024
- Citation
- 24033110
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
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