BVA Decisions on Respiratory

88 real veterans-appeals decisions on VA disability claims involving respiratory — Board of Veterans' Appeals decisions and U.S. Court of Appeals for Veterans Claims (CAVC) decisions, each labeled with its court. Each links to the full decision, reasoning, and citations.

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• CAVCCase 21-2416 — Affirmed 2020-12-10
  In January 2020,the Board denied the claim for an effective date earlier than December 13, 2005,for service connection for bronchial asthma....
• CAVCCase 11-3732 — Affirmed / Remanded 2011-05-02
  The Board denied disability compensation for headaches,noting that (1)evidence demonstrating headaches in service related the headaches to the appellant's sinus problems, and the a...
• CAVCCase 22-4960 — Vacated / Remanded / Affirmed 2022-04-27
  The next month, another audiologist provided a negative nexus opinion....
• CAVCCase 23-2226 — Remanded 2024-07-31
  The appellant ,through counsel,appeals a March 3,2023, Board of Veterans'Appeals (Board)decision in which the Board denied entitlement to service connection for (1)obstructive slee...
• CAVCCase 14-3126 — Vacated / Remanded / Affirmed 2014-09-04
  As an initial matter,the Board found that VA had satisfied its duty to assist because VA had conducted all development necessary to substantiate the claims....
• CAVCCase 12-1845 — Reversed / Vacated / Remanded 2012-05-21
  For the reasons that follow,the Court will reverse the Board's finding that the veteran did not submit new and material evidence sufficient to reopen his 1 The Board referred to a ...
• CAVCCase 99-179 — Vacated 1999-01-20
  The appellant , appeals a January 20, 1999, decision of the Board of Veterans' Appeals (BVA or Board) that (1) determined that new and material evidence had not been submitted to r...
• CAVCCase 10-1267 — Remanded / Affirmed / Reversed / Vacated 2010-04-05
  , through counsel,appeals an April 5, 2010,Board of Veterans'Appeals (Board)decision in which the Board denied the appellant's claims to reopen a previously denied claim for servic...
• CAVCCase 22-1946 — Vacated / Remanded 2024-09-16
  VA advised him that the claim was previously denied in February 1981 and that he needed to submit new and material evidence to reopen it....
• CAVCCase 22-6596 — Vacated / Remanded / Affirmed 2021-11-17
  The appellant , through counsel appeals a November 17,2021, Board of Veterans'Appeals (Board)decision denying disability compensation for bilateral hearing loss and determining tha...
• CAVCCase 17-0002 — Reversed / Remanded 2016-12-22
  In May 1998,less than two months after the RO's initial denial of service connection for lung cancer,the RO sent the veteran a letter erroneously instructing him that he needed to ...
• CAVCCase 10-1922 — Remanded / Vacated / Affirmed 2010-05-26
  Because the Secretary concedes,and the Court agrees, that the Board provided inadequate reasons or bases for its determination that new and material evidence had not been received,...
• CAVCCase 22-2306 — Affirmed / Vacated / Remanded 2021-12-29
  The appellant , through counsel,appeals a December 29,2021,Board of Veterans'Appeals (Board)decision in which the Board denied service connection for (1)asthma,manifested by shortn...
• CAVCCase 17-3373 — Affirmed 2017-07-21
  The Board found that service connection was not warranted because the appellant did not exhibit a bilateral hearing loss disability for VA purposes....
• CAVCCase 23-4298 — Affirmed / Vacated / Remanded 2024-06-06
  Additionally,the Board awarded disability compensation for pseudofolliculitis barbae and found that new and material evidence had been submitted to reopen claims for disability com...
• CAVCCase 23-5851 — Remanded / Vacated 2024-11-27
  The accompanying medical opinions concluded that the veteran's left and right foot conditions were less likely than not related to service because there was [n]o chronic evaluation...
• CAVCCase 14-1556 — Vacated / Remanded 2014-04-18
  3 In September 2009,the veteran underwent a VA spine examination,where a VA examiner opined that the veteran's current low back pain was less likely than not related to service,cit...
• CAVCCase 18-1440 — Affirmed 2017-11-28
  The RO also determined that new and material evidence had not been submitted to reopen a claim for disability compensation for a personality disorder,previously claimed as a mental...
• CAVCCase 18-4571 — Vacated / Remanded / Affirmed 1992-08-24
  The Board also determined that new and material evidence had not been received and therefore declined to reopen previously denied claims for benefits for right ear hearing loss and...
• CAVCCase 24-293 — Remanded 2025-05-30
  Specifically,the Board noted that the appellant reported to have received treatment for all his claim conditions at Munson Army Health Center in Ft....
• CAVCCase 07-1008 — Affirmed / Remanded / Vacated 2007-03-09
  The appellant,through counsel,appeals a March 9, 2007,Board of Veterans' Appeals (Board)decision in which the Board denied his claims for entitlement to service connection for a ba...
• CAVCCase 08-3802 — Affirmed 2008-07-17
  Because the Board's findings that VA complied with its duty to assist and provided adequate medical examinations were not clearly erroneous,and because the Board provided an adequa...
• CAVCCase 12-2012 — Affirmed / Remanded / Vacated 2012-02-29
  The appellant averred that the veteran submitted new and material evidence within the one-year appeal period and that VA had failed to adjudicate the claim on the merits....
• CAVCCase 14-2165 — Affirmed / Vacated / Remanded 2014-06-24
  The appellant appeals a June 24,2014,Board of Veterans'Appeals (Board)decision wherein the Board determined that the character of his discharge from his period of service from Marc...
• CAVCCase 04-0584 — Vacated / Remanded / Affirmed / Reversed 2009-10-02
  In my opinion he is allergic to certain paints and vapo[r]and these occa[s]ional respiratory symptoms are not related to the exposure of fumes in Gulf War....
• CAVCCase 19-5987 — Affirmed 2019-05-13
  The appellant ,through counsel appeals a May 13, 2019,Board of Veterans'Appeals (Board)decision that found that new and material evidence had not been submitted to reopen previousl...
• CAVCCase 91-504 — Unknown 1979-01-25
  In decisions dated September and December 1974, the RO denied entitlement to non-service-connected pension; those decisions did not address the issue of service connection....
• CAVCCase 22-491 — Unknown 2021-09-28
  3 Because the Board failed to provide an adequate statement of reasons or bases supporting its findings denying service connection for both a psychiatric disability and OSA, and be...
• CAVCCase 23-3920 — Affirmed / Vacated / Remanded 2024-09-24
  The RO and the Board found that new and material evidence had not been submitted to reopen the back claim....
• CAVCCase 11-1074 — Vacated / Remanded 2011-01-14
  Based upon these facts,and a discharge examination revealing no pulmonary abnormalities ,the physician concluded that the veteran had mild asbestosis but that it was more likely th...
• CAVCCase 15-1477 — Affirmed / Remanded 2015-03-19
  Decision on Appeal In the March 2015 decision on appeal,the Board determined that the appellant....
• CAVCCase 12-2187 — Affirmed / Vacated / Remanded 2012-03-21
  The appellant's current hearing loss was less likely as not related to or caused by in-service noise exposure....
• CAVCCase 19-8155 — Vacated / Remanded / Affirmed 2019-08-13
  In his informal brief, the appellant does not challenge the Board's denial of an earlier effective date for the award of benefits of bilateral instability of the knees,or the Board...
• CAVCCase 24-0638 — Vacated / Remanded 2025-03-24
  The appellant argues that the Board erred by (1)failing to address favorable evidence and to lay a proper foundation for denying service connection for tinnitus;(2)failing to discu...
• CAVCCase 16-3128 — Affirmed 2016-07-11
  The appellant ,appeals through counsel a July 11,2016,decision of the Board of Veterans'Appeals (Board)that,among other things,(1) determined that the appellant had not submitted n...
• CAVCCase 09-3181 — Vacated / Affirmed 2009-04-30
  Because the Board failed to ensure compliance with its September 2007 remand order regarding the appellant....
• CAVCCase 93-644 — Affirmed / Vacated / Remanded 1995-04-14
  In February 1987, the RO confirmed its October 1986 denial of service connection for heart disease, finding that the evidence submitted was "not new and material"....
• CAVCCase 24-7144 — Affirmed / Vacated / Remanded 2026-01-15
  He underwent an examination the following month;the VA examiner diagnosed moderate-to-severe triscaphe joint osteoarthritis,but she opined that the condition was less likely than n...
• CAVCCase 10-0826 — Vacated / Remanded / Affirmed 2010-01-15
  clearly erred in concluding that VA satisfied its duty to assist the appellant....
• CAVCCase 18-6734 — Affirmed 2018-11-01
  In the decision here on appeal the Board denied service connection for each of the claimed conditions....
• CAVCCase 22-7103 — Unknown 2022-09-20
  The VA treatment provider who evaluated him submitted nexus letters dated in March 2016....
• CAVCCase 21-8248 — Unknown 2021-12-01
  In a July 2017 rating decision,the RO declined to reopen the claim for service connection for an acquired psychiatric disorder,claimed as nerves, depression,anxiety,and post-trauma...
• CAVCCase 22-6636 — Vacated / Remanded 2025-02-21
  at 920,and opined that the appellant's hypertension was not related to his sinusitis....
• CAVCCase 16-1052 — Remanded / Affirmed / Vacated 2016-02-10
  4 The Board noted that,at her separation examination,the appellant....
• CAVCCase 12-3354 — Affirmed / Vacated / Remanded 2012-09-25
  In the September 2012 decision on appeal�discussed in greater detail below�the Board denied (1)a request to reopen a claim for compensation under 38 U....
• CAVCCase 11-782 — Vacated / Remanded 2011-03-02
  The Secretary asserts that the Board's decision should be vacated and the matter remanded because the Board failed to provided an adequate statement of reasons or bases for its dec...
• CAVCCase 11-3455 — Vacated 2004-03-30
  The Board found that an examination with respect to the issue of sleep apnea is not necessary, because there is no competent and credible evidence that the Veteran had sleep apnea ...
• CAVCCase 19-6325 — Affirmed / Vacated / Remanded 2019-05-17
  The appellant argues that (1)VA failed to evaluate his conditions on an extraschedular basis;(2)VA failed to consider his headaches condition in relation to his 1999 application fo...
• CAVCCase 23-6327 — Unknown 2025-01-31
  For bradycardia,the Board found that the condition did not manifest in service or the 1-year period following service, and it concluded that bradycardia was not attributable to ser...
• CAVCCase 09-1567 — Reversed / Vacated / Remanded / Affirmed 2009-02-28
  The Court concludes that the Board erred in referring, rather than remanding or adjudicating the dental claim....
• CAVCCase 18-5935 — Affirmed 2018-07-03
  The RO denied his claims for benefits for COPD,hepatitis C,and PTSD and found that new and material evidence had not been submitted to reopen the previously denied claim for benefi...
• CAVCCase 95-574 — Reversed / Affirmed / Vacated / Remanded 1987-05-01
  FARLEY, Judge : This is an appeal from a March 10, 1995, decision of the Board of Veterans' Appeals (BVA or Board) which determined that new and material evidence had not been subm...
• CAVCCase 13-1865 — Affirmed / Vacated / Remanded 2013-05-22
  In the second decision on appeal (Decision 2),the Board denied the appellant....
• CAVCCase 13-3414 — Affirmed 2013-09-19
  SCHOELEN, Judge :The pro se the appellant , appeals a September 19,2013, Board of Veterans'Appeals (Board)decision in which the Board denied his claims for disability compensation ...
• CAVCCase 20-4067 — Vacated / Remanded / Affirmed 2020-04-22
  In October 2006,the Board denied entitlement to higher disability ratings for the appellant's right shoulder disabilities....
• CAVCCase 13-2506 — Remanded / Affirmed 2013-07-03
  The appellant,through counsel,appeals a July 3, 2013,Board of Veterans' Appeals (Board)decision in which the Board denied his claims for disability compensation for tinnitus,hearin...
• CAVCCase 17-4391 — Affirmed / Remanded / Vacated 2017-09-19
  hat condition encompassed claims for benefits for all of his cardiovascular conditions and that the Board failed to consider entitlement to benefits for those conditions....
• CAVCCase 23-2946 — Dismissed 2023-07-18
  The Board noted the veteran's April 2018 submission of articles discussing the presence of benzene in groundwater located at the U....
• CAVCCase 24-7617 — Vacated / Remanded 2025-09-30
  At a VA skin conditions examination the same month,the examiner diagnosed tinea pedis with a 1969 date of onset but did not opine as to nexus....
• CAVCCase 23-1474 — Vacated / Remanded 2024-06-18
  Accordingly,the Board determined that a new medical examination was necessary to clarify any chronic lymphatic disorder present during the appellate time period and its relationshi...
• CAVCCase 11-0200 — Affirmed / Remanded 2010-10-07
  First,she asserts that the Board erred in failing to award her a disability rating in excess of 10%for her hemorrhoid and lumbar spine claims....
• CAVCCase 19-5367 — Vacated / Remanded / Affirmed 2019-04-16
  1 For the reasons that follow, the Court will set aside 1 In the same decision,the Board denied service connection for sleep apnea and a toenail fungus; denied entitlement to an in...
• CAVCCase 19-3367 — Vacated / Affirmed 2019-02-05
  We are first asked to decide whether the Board erred in upholding the propriety of the rating reduction for hearing loss....
• CAVCCase 17-4413 — Affirmed 2017-08-18
  In November 2014,the Board found that the October 2012 VA examination report was not fully responsive to its June 2011 remand directives,which had instructed the examiner to consid...
• CAVCCase 11-2345 — Vacated / Remanded 2011-04-28
  On October 2,1980,the Board denied the appellant's headache claim....
• CAVCCase 24-2811 — Affirmed / Vacated / Remanded 2025-07-09
  Thereafter,in September 2018,the Board found that the appellant had submitted new and material evidence to reopen his previously denied claims for mononucleosis (also claimed as to...
• CAVCCase 08-1627 — Affirmed / Vacated 2008-05-08
  The appellant's rhinitis and chronic sinusitis were allergic in nature and were not related to the blood transfusion he received during service....
• CAVCCase 98-772 — Affirmed 1999-09-20
  In a rating decision of November 1994, the VA regional office (RO) confirmed and continued the denial of the appellant's claim for service connection for residuals of a head injury...
• CAVCCase 00-7171 — Reversed / Affirmed / Vacated / Remanded 1999-12-23
  In the first decision (Decision 1), the Board denied the appellant's claim for an effective date earlier than January 2, 1997, for his service-connected disorder of the larynx, inc...
• CAVCCase 17-0929 — Affirmed 2016-09-29
  at 497, and in the May 1975 decision, the Board denied the appellant's claims for service connection for sinusitis with headaches and for a respiratory disorder....
• CAVCCase 19-4604 — Vacated 2019-05-23
  The Board noted diagnoses of asthma in June and November of 2012 and found that the appellant had a present disability;stated that the appellant was presumed sound when he entered ...
• CAVCCase 19-4261 — Vacated / Remanded / Affirmed 2019-03-15
  The appellant's claimed left knee condition was proximately due to or 3 Although a claim for service connection for a left knee condition was also pending,the September 2016 examin...
• BVACase 23029996 — Remanded 2023-05-23
  The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of ser...
• CAVCCase 23-1785 — Remanded 2024-05-31
  The parties specified that the veteran reported to the June 2011 examiner that he wakes up gasping for air and that his spouse has witnessed him stop breathing in his sleep since s...
• CAVCCase 20-7109 — Unknown 2020-06-15
  In its June 2020 decision,the Board determined that the appellant's cervical spine condition is not causally or etiologically due to service,nor is it proximately due to or aggrava...
• CAVCCase 09-3092 — Vacated / Affirmed / Reversed 2009-08-10
  The appellant ,appeals an August 10,2009, Board of Veterans'Appeals (Board)decision that determined that new and material evidence had not been submitted to reopen the appellant's ...
• CAVCCase 09-4211 — Remanded / Affirmed 2009-07-09
  The challenged Board decision further determined that new and material evidence had not been received to reopen a claim of entitlement to service connection for a torn lateral meni...
• CAVCCase 21-1308 — Affirmed 2020-11-12
  The appellant , appeals a November 12,2020,Board of Veterans'Appeals (Board)decision in which the Board denied (1)service connection for a lumbar spine disorder;(2)service connecti...
• CAVCCase 23-0642 — Vacated / Remanded 2022-12-23
  The Court remands these matters because the Board providedan inadequate statement of reasons or bases for denying service connection for the veteran's lumbar and cervical spine dis...
• CAVCCase 24-3854 — Unknown 2025-09-23
  February 2024 Board Decision In the February 2024 decision on appeal, the Board denied service connection for a right ankle condition....