BVA Decisions on Respiratory

56 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 91-504 — Unknown October 5, 1994
  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 93-644 — Dismissed / Affirmed / Vacated / Remanded April 14, 1995
  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 98-772 — Affirmed September 20, 1999
  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...
• BVACase 23029996 — Dismissed / Denied / Granted / Remanded May 23, 2023
  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 94-764 — Remanded / Affirmed / Vacated April 29, 1997
  In a December 1987 decision, the Board denied the § 351 DIC claim, finding that the "veteran's death was irrespective of the treatment provided and any factor arising from the trea...
• CAVCCase 95-310 — Remanded / Denied / Vacated November 10, 1998
  sychiatric disorder, including post-traumatic stress disorder (PTSD); the Board also concluded that new and material evidence had not been presented or secured to reopen his previo...
• CAVCCase 93-550 — Dismissed / Vacated December 20, 1994
  In October 1972, an RO decision on appeal found "no evidence sufficiently new and material to warrant a rating change"....
• BVACase 230405-336506 — Denied / Granted / Remanded October 7, 2025
  The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for the evidence which it finds t...
• CAVCCase 91-1688 — Unknown September 16, 1993
  In its July 1991 decision, the Board denied service connection for (1) defective hearing of the left ear, (2) residuals of an injury to the right index finger, (3) pseudofolliculit...
• CAVCCase 94-850 — Vacated October 7, 1996
  In the August 3, 1994, BVA decision here on appeal, the Board concluded that the veteran had not submitted a well-grounded claim for service connection for Crohn's disease....
• BVACase 24007538 — Remanded February 13, 2024
  20-28 557 ; DATE: February 13, 2024 ORDER New and material evidence having been received, the previously denied claim for entitlement to service connection for cardiomyopathy (clai...
• BVACase 23007415 — Granted / Denied / Remanded February 6, 2023
  18-30 679 DATE: February 6, 2023 ORDER New and material evidence having been received, the claim for service connection for bilateral hearing loss is reopened, and to that extent o...
• BVACase 23012576 — Denied / Granted / Remanded March 1, 2023
  New and material evidence has not been received to reopen a claim of entitlement to service connection for chronic migraine headaches, and the claim to reopen is denied....
• BVACase 23063112 — Dismissed / Granted / Remanded November 29, 2023
  New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a respiratory condition, to include allergic rhinitis and sinus...
• CAVCCase 01-944 — Affirmed / Remanded / Vacated January 13, 2004
  STEINBERG, Judge: The appellant, through counsel, seeks review of an April 30, 2001, Board of Veterans' Appeals (Board or BVA) decision that found that an April 1994 Department of ...
• CAVCCase 03-2009 — Vacated / Remanded August 22, 2006
  Roebuck does not contest the Board's 2003 finding on the issue of asbestos exposure and instead asserts that the Board erred in its 2002 determination denying service connection fo...
• CAVCCase 93-493 — Vacated February 4, 1994
  § 5107(a), that "the facts relevant to the issue on appeal have been properly and adequately developed", and that VA had complied with its statutory duty to assist....
• CAVCCase 03-1251 — Affirmed / Vacated / Remanded December 15, 2004
  Duenas, who is unrepresented, appeals a May 13, 2003, Board of Veterans' Appeals (Board) decision in which the Board denied his claims for service connection for (1) a urinary trac...
• DecisionCase 23030797 — Granted / Remanded May 25, 2023
  19-12304A DATE: May 25, 2023 ORDER New and material evidence has been received to reopen a previously denied claim of entitlement to service connection for hypothyroidism....
• CAVCCase 97-1780 — Remanded / Vacated April 21, 1999
  The appellant also alleges that the Board failed to adjudicate his claim for an earlier effective date for his lumbosacral spine disorder and that that issue should be remanded to ...
• BVACase 200901-107174 — Granted / Denied / Remanded March 26, 2024
  The Veteran was notified of the denial in an October 2016 letter and did not initiate an appeal or submit new and material evidence within one year....
• CAVCCase 94-0384 — Affirmed February 27, 1997
  The next month, the Regional Office (RO) informed him that he was not service connected for bronchitis, but that if he wished to file a claim for that condition, he needed to submi...
• CAVCCase 01-2105 — Vacated / Remanded December 23, 2004
  Because the Board failed to provide an adequate statement of reasons or bases for its decision, the decision will be vacated and the matter remanded to the Board for further action...
• BVACase 13-395 — Unknown
  Allen had shown that he had an in-service injury (“environmental exposure”) and a present disability (sinusitis), he failed to establish a nexus ALLEN v....
• CAVCCase 93-62 — Affirmed / Vacated / Remanded January 26, 1995
  In November 1982, the Board denied, on the following grounds, service connection for the veteran's heart disorder: Examinations prior to 1979 had not found evidence of left-side he...
• CAVCCase 92-353 — Vacated May 27, 1994
  However, we hold that the Board erred in finding that the appellant's claim was well grounded and therefore vacate the February 14, 1992, decision of the Board....
• CAVCCase 03-1276 — Remanded / Vacated / Reversed August 5, 2005
  A December 30, 2002, Board decision denied the appellant's claim for service connection for the cause of the veteran's death; the Board found that "[n]o service-connected disabilit...
• BVACase 23031314 — Dismissed / Granted / Denied / Remanded May 30, 2023
  The additional documentation submitted since the August 2009 and October 2012 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran'...
• BVACase 220714-259014 — Denied / Remanded October 30, 2024
  If evidence was submitted during the period after the AOJ issued the decisions, which were subsequently subject to higher-level review the Board did not consider it in its decision...
• CAVCCase 03-59 — Reversed / Remanded / Vacated / Affirmed March 22, 2005
  In the examination summary attached to its report, the Medical Board found that the veteran was "poorly motivated for the service and had marked increase in symptoms after being dr...
• BVACase 24026388 — Granted / Denied / Remanded July 16, 2024
  New and material evidence not having been received, the request to reopen the claim of entitlement to service connection for chronic obstructive pulmonary disease (COPD), also clai...
• CAVCCase 98-1410 — Dismissed / Affirmed July 21, 2000
  The Board found that further development was required with respect to the veteran's claims for headaches, insomnia, mild obstructive airway disease, metallic taste in his mouth, an...
• CAVCCase 93-1098 — Affirmed April 13, 1995
  Barnett, appeals a September 13, 1993, decision of the Board of Veterans' Appeals (BVA or Board) which found that new and material evidence had not been submitted to reopen her cla...
• BVACase 23000407 — Denied / Granted January 4, 2023
  The preponderance of the evidence is against finding that the Veteran's respiratory disorder was causally related to any disease, injury, or incident during service; or related to ...
• CAVCCase 95-570 — Affirmed August 12, 1996
  The Board found that prior to his death, the anxiety neurosis was manifested by psychiatric symptoms including anxiety, feelings of depression, nightmares, and flashbacks....
• BVACase 24031166 — Denied / Remanded September 26, 2024
  The Veteran's right knee, bilateral shoulder, and bilateral elbow disabilities are not related to an in-service injury or disease, to include as due to service in Southwest Asia an...
• CAVCCase 02-1284 — Vacated / Remanded June 8, 2005
  Kowalski maintains that the Board erred by denying his hearing- loss claim on the basis that he had abandoned it by refusing to report for a VA medical examination and by also conc...
• DecisionCase 240517-440505 — Denied / Remanded / Granted May 30, 2025
  Continuity of symptomatology may be shown by demonstrating "(1) that a condition was 'noted' during service or any applicable presumption period; (2) evidence of post-service conti...
• CAVCCase 91-1565 — Unknown June 11, 1993
  On January 15, 1980, a medical board noted appellant's "chronic persistent mild to moderate right hemiscrotal discomfort" and recommended that appellant would be more effective if ...
• CAVCCase 97-62 — Affirmed March 25, 1998
  Bostain, widow of veteran Carl Bostain, appeals a September 26, 1996, decision of the Board of Veterans' Appeals (Board or BVA) which determined that she had not submitted new and ...
• CAVCCase 92-606 — Denied / Vacated / Remanded March 15, 1994
  The veteran was not service connected at the time of his death....
• BVACase 23047753 — Dismissed / Granted / Remanded August 30, 2023
  A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation ...
• CAVCCase 94-1099 — Affirmed / Remanded / Denied / Vacated June 7, 1996
  Further, the BVA must provide an adequate statement of reasons or bases for such findings, including a clear analysis of the evidence which it finds persuasive or unpersuasive with...
• CAVCCase 92-1227 — Unknown November 28, 1995
  In its discussion of the reasons or bases for its decision, the Board noted that, with the exception of "a single elevated blood pressure reading of 132/94", SMRs were negative for...
• CAVCCase 90-673 — Vacated / Denied / Remanded December 13, 1991
  Because the BVA failed to consider adequately all the evidence in the record and give sufficient "reasons or bases" for its decision, and because the Veterans' Administration (now ...
• CAVCCase 92-1263 — Denied / Affirmed November 1, 1995
  In the September 4, 1992, decision here on appeal, the Board determined, at the outset of its analysis, that because the appellant's claim was "plausible" he had "submitted a well-...
• BVACase 22066507 — Denied November 29, 2022
  In a June 2016 rating decision, the RO declined to reopen the Veteran's claim finding no new and material evidence had been submitted....
• BVACase 220623-256040 — Granted / Denied / Remanded December 11, 2024
  In the November 2019 examiner opined the Veteran's current lumbar spine arthritis is less likely than not related to military service, reasoning the radiologic examination in 2004 ...
• CAVCCase 97-1057 — Affirmed November 19, 1999
  In the first decision, dated March 6, 1997, the Board denied the appellant's claim for service connection of the veteran's death from cardiorespiratory failure due to lung cancer a...
• BVACase 23034954 — Granted / Remanded June 21, 2023
  As only a past history of asthma, and no current disability, was noted, the Veteran is presumed sound....
• CAVCCase 95-1109 — Affirmed September 21, 1998
  In February 1984, the RO again denied his claims for service connection for back and foot disorders, but did not address the claim for PTSD....
• DecisionCase 19-0312 — Unknown
  On ap- peal, the parties agreed to a joint motion to remand (“JMR”) because Todd’s 2014 opinion did not address cer- tain in-service risk factors for contracting hepatitis B and C ...
• CAVCCase 95-997 — Affirmed June 24, 1996
  the June 1990 denial of service connection for the cause of the veteran's death and (2) the lack of new and material evidence to reopen a claim for service connection for the cause...
• CAVCCase 00-1889 — Denied / Affirmed / Vacated / Remanded January 28, 2002
  In the decision on appeal, the Board concluded that: (1) The criteria for an initial evaluation in excess of 30% for interstitial lung disease had not been met; (2) the veteran did...
• CAVCCase 90-1565 — Vacated February 14, 1994
  The VA did not consider this document to be a notice of disagreement (NOD) with the May 19, 1971, RO determination, and no action was taken on the document in that regard....
• BVACase 24033637 — Denied / Granted December 2, 2024
  The parties agreed that remand was necessary because the Board did not address the Veteran's argument that his disability was secondary to his service-connected non-allergic rhinit...