The Board denied the Veteran's claims for service connection for COPD and emphysema, finding that there is no in-service event or injury related to these conditions. The VA examiner concluded that the Veteran's COPD and emphysema are more likely due to his long-term smoking history.,The Board also found that the Veteran's COPD and emphysema are not secondary to his service-connected pulmonary tuberculosis, as there is no evidence of a causal relationship between the two conditions.
The deciding factor: The VA examiner determined that the Veteran's COPD and emphysema were caused by his long-term smoking history, which began in service. The Board found this opinion to be highly probative due to its clear conclusions with supporting medical evidence.,Dr. B.V.'s and Dr. S.L.'s opinions on secondary service connection for COPD and emphysema are not considered valid because the Veteran is not service-connected for any mental health disorder, which would make it impossible for them to be secondarily service-connected.
- Claimed conditions
- COPD, Emphysema
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068204
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24068204.
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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 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.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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