The Board granted service connection for a disability manifesting as shortness of breath, to include chronic obstructive pulmonary disease (COPD) and asthma, on a presumptive basis under the PACT Act. However, it denied entitlement to a rating of total disability based on individual unemployability prior to September 1, 2010.
The deciding factor: The evidence supported a finding that the Veteran's shortness of breath symptoms were encompassed by COPD and asthma, which are covered under the PACT Act. However, there was no evidence linking COPD or asthma directly to service, nor any indication that the Veteran was unable to secure or maintain substantially gainful employment prior to September 1, 2010.
- Claimed conditions
- shortness of breath
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2025
- Citation
- 25006472
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for a chronic undiagnosed illness manifested by bilateral leg pain, bilateral hand tremors, sinus problems, shortness of breath and recurrent transient ear noise due to Gulf War service. Service connection was denied for CFS.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions due to a need for additional development, including obtaining medical opinions considering all toxic exposure risk activities (TERAs) under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022.
- Partly granted
The Board granted service connection for right and left ankle disabilities, a skin rash, and denied service connection for bilateral hearing loss, shortness of breath, PTSD, OSA, cervical spine disability, lumbar spine disability, knee disabilities, CPS, and earlier effective dates.
- Granted
The Board granted an effective date of January 19, 2021, for the award of service connection for shortness of breath.
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