The Veteran's lung disease, diagnosed as chronic obstructive pulmonary disease, was not shown to be related to service and is attributed to tobacco smoking. The Board denied the claim for service connection.
The deciding factor: The medical evidence did not support a link between the Veteran's current lung disease and his military service or exposure to herbicides, asbestos, or paint chips.
- Claimed conditions
- lung disease, chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070789
Veterans Law Judge
Decisions by this judge: 828 · Granted: 42% (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 A24070789.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the claims for increased ratings for lung disease and residuals of esophageal cancer as moot because the Veteran was already in receipt of the highest possible ratings for these conditions, which are in effect for the entirety of the appeal period. The claim for special monthly compensation (SMC) at a higher level based on need for aid and assistance due to the Veteran's condition prior to his passing is granted.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
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