Service connection for COPD is denied.,Entitlement to an evaluation higher than 60 percent for coronary artery disease post CABG is dismissed.,Entitlement to a compensable evaluation for scar, post CABG is dismissed.,Entitlement to an evaluation higher than 20 percent for bilateral hearing loss is dismissed.,The Board has remanded the issue of service connection for sleep apnea.
The deciding factor: There is no medical or scientific evidence available that provides any indication of a relationship between the development of COPD and exposure to herbicides and/or asbestos. The Veteran's current disability is less likely than not caused by exposure to herbicides and/or asbestos.,The AOJ should not have accepted the November 2023 VA 21-526EZ because it was an impermissible concurrent election, and the February 2024 VA Form 10182, Decision Review Request: Board Appeal NOD was docketed in error with respect to the issues of higher disability evaluations for coronary artery disease post CABG, scar, post CABG, and bilateral hearing loss.,The Veteran's obesity is a more likely cause of sleep apnea. The service-connected coronary artery disease post CABG caused or aggravated the Veteran's obesity, but it is less likely that not that non-service-connected sleep apnea would have occurred without the obesity caused by service-connected coronary artery disease post CABG.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD), coronary artery disease post CABG, scar, post CABG, bilateral hearing loss, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2024
- Citation
- A24079269
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 A24079269.
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.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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