The Board denied service connection for a respiratory condition, including emphysema and chronic obstructive pulmonary disease (COPD), finding that the evidence did not support a link between the Veteran's in-service exposure to toxic substances and his current respiratory condition.
The deciding factor: The Board found no evidence of an in-service incurrence or aggravation of a respiratory condition, and the medical opinions provided indicated that the Veteran's respiratory condition was less likely than not caused by his active service, including his TERA. The examiner noted that the Veteran had a history of smoking, which is a significant risk factor for COPD.
- Claimed conditions
- respiratory condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2025
- Citation
- A25015383
Veterans Law Judge
Decisions by this judge: 2,329 · Granted: 31% (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 A25015383.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for anxiety, depression, brittleness of teeth, chronic headaches, joint pain, and a respiratory condition are remanded due to the need for additional medical opinions.
- Remanded (sent back)
The Board has decided to remand the cases for further development due to inadequate VA examinations and missing evidence. The Veteran's claims of service connection for sleep apnea, a respiratory condition, and bilateral hearing loss are being reviewed.
- Denied
The Veteran's appeal for an increased rating for tinnitus is denied as his disability has already been rated at the maximum allowable level.,Service connection for bilateral hearing loss is denied because there is no evidence of a current hearing loss disability for VA purposes during the pendency of this appeal.,Service connection for a right shoulder disorder, headaches, TMJ dysfunction, hypertension, vertigo, and respiratory condition are all denied as there is no persuasive evidence that these conditions were incurred or aggravated by service.
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