NONTUBERCULOUS LUNG DISEASE

R. FEINBERG · 2026 · Case ID: A26031963

MIXED

Summary

The veteran, who served, appeals the denial of service connection for respiratory problems and the remand of claims for abdominal pain, type I diabetes, peripheral neuropathy of the bilateral upper and lower extremities, sleep apnea, and an immune disorder. The Board denied service connection for respiratory problems, finding no current respiratory disability other than sleep apnea, which was remanded. The veteran claimed respiratory issues related to toxic exposures during service but provided no specific details on diagnosis, treatment, or symptoms. Medical evidence showed no diagnosed respiratory condition or complaints beyond sleep apnea, with normal lung examinations. The Board found the evidence persuasive against a current respiratory disability, thus denying service connection. The case was remanded for several other conditions due to a duty to assist error: the agency of original jurisdiction (AOJ) failed to obtain VA examiner opinions on the nexus between the veteran's toxic exposure risk activity (TERA) at Fort McClellan and the claimed disabilities (abdominal pain, diabetes, peripheral neuropathies, sleep apnea, immune disorder). The Board requires addendum opinions to determine the nature and cause of these conditions and their relationship to service, considering all toxic exposures. A VA examination is also required for the immune disorder to identify the condition and its service connection, considering the TERA memorandum and oral lesion treatment note.

Rationale

No current respiratory disability diagnosed or treated.; No complaints of respiratory symptoms.; Normal lung examinations.; Evidence persuasive against current respiratory disability.

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250319-526507

Full Decision Text

Citation Nr: A26031963
Decision Date: 04/07/26 Archive Date: 04/07/26

DOCKET NO. 250319-526507
DATE: April 7, 2026

ORDER

Entitlement to service connection for respiratory problems is denied.

REMANDED

Issue of entitlement to service connection for abdominal pain is remanded.

Issue of entitlement to service connection for type I diabetes is remanded.

Issue of entitlement to service connection for peripheral neuropathy of the bilateral lower extremities is remanded.

Issue of entitlement to service connection for peripheral neuropathy of the bilateral upper extremities is remanded.

Issue of entitlement to service connection for sleep apnea is remanded.

Issue of entitlement to service connection for an immune disorder is remanded.

FINDING OF FACT

The evidence of record does not show a current respiratory disability.

CONCLUSION OF LAW

The criteria for entitlement to service connection for respiratory problems have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The March 2025 rating decision on appeal was issued under the modernized review system, also known as the Appeals Modernization Act (AMA). In the March 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the March 2025 rating decision on appeal. 38 C.F.R. § 20.301.

Any evidence submitted after the March 2025 rating decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

However, because the Board is remanding the claims of entitlement to service connection for abdominal pain, type I diabetes, an immune disorder, peripheral neuropathy in the upper and lower extremities, and sleep apnea, any evidence the Board could not consider will be considered by the agency of original jurisdiction (AOJ) in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii).

Entitlement to service connection for respiratory problems.

The Veteran asserts entitlement to service connection for respiratory problems.

Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection is established when there is competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. 38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d).

In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether evidence is persuasively against the claim, in which case the claim is denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990).

After careful and thorough review of the evidence, the Board finds that the Veteran does not have a current respiratory disability other than sleep apnea, which is separately claimed.

The existence of a current disability is the cornerstone of a claim for VA disability compensation. See, e.g., Degmetich v. Brown, 104 F.3d 1328 (1997). Congress has specifically limited entitlement to service connection for a disease or injury where such instances have resulted in a disability. 38 U.S.C. §§ 1110, 1131.

The
. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990).

After careful and thorough review of the evidence, the Board finds that the Veteran does not have a current respiratory disability other than sleep apnea, which is separately claimed.

The Veteran claims having respiratory problems she believes is related to toxic exposures during service but has not provided any detail about treatment, a diagnosis, or even her symptoms.

A review of the medical evidence of record shows no diagnosis or treatment for a respiratory problem other than sleep apnea. Rather, the evidence shows she has denied having respiratory problems and physical examinations of her lungs have been normal. See, e.g., November 2023 VA treatment evidence; September 2024 VA treatment evidence.

The evidence of record, thus, shows no diagnosed respiratory disability nor even complaints of symptoms that could be considered a disability that functionally impairs the Veteran. See Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). The evidence is persuasive against finding that the Veteran has a current respiratory disability.

Where the evidence does not support a finding of a current disability upon which to predicate the grant of service connection, there can be no valid claim for this benefit. See Gilpin v. Brown, 155 F.3d 1353 (Fed. Cir. 1998); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Because the first element of service connection, i.e., a current disability, has not been met, service connection for respiratory problems must be denied.

REASONS FOR REMAND

1. Issue of entitlement to service connection for abdominal pain is remanded.

2. Issue of entitlement to service connection for type I diabetes is remanded.

3. Issue of entitlement to service connection for peripheral neuropathy of the bilateral lower extremities is remanded.

4. Issue of entitlement to service connection for peripheral neuropathy of the bilateral upper extremities is remanded.

5. Issue of entitlement to service connection for sleep apnea is remanded.

The Board finds that a remand is needed for a duty to assist error that occurred prior to the March 2025 rating decision on appeal.

The AOJ found current disabilities of abdominal pain, type I diabetes, peripheral neuropathy of the upper and lower extremities, and sleep apnea. March 2025 Rating Decision. The Veteran was also found to have had toxic exposure risk activity (TERA) based on her service at Fort McClellan. July 2024 TERA Memorandum. However, she was not afforded an opinion by a VA examiner as to whether her claimed disabilities were caused by her in-service TERA.

The Board finds that an opinion from a VA examiner is needed about the Veteran's TERA and her claimed disabilities.

6. Issue of entitlement to service connection for an immune disorder is remanded.

The Board finds that a remand is needed for a duty to assist error that occurred prior to the March 2025 rating decision on appeal.

The Veteran has not provided any detail about what immune disorder she has nor its symptoms. However, in a January 2025 treatment note for oral lesions, her treatment provider indicated that her lesions may be immune related.

The Board notes that the Veteran has not been provided an opportunity for a VA examination for an immune condition and that she would be afforded one to determine if she has a current immune disorder disability.

The matters are REMANDED for the following action:

1. Obtain addendum opinions to determine the nature and cause of the Veteran's abdominal pain, type I diabetes, peripheral neuropathy of the upper and lower extremities, and sleep apnea. If the medical professional determines that it is necessary, schedule a VA examination(s). The medical professional should respond to the following:

(a) For each disability, did it begin in (or is it otherwise related to) the Veteran's military service?

The medical professional(s) should consider and discuss the exposures listed in the July 2024 TERA memorandum. The medical professional(s) must consider the total potential exposure through all applicable military deployments and service and conduct a synergistic and combined effect analysis of all toxic exposure risk activities that may provide a basis to service connect the claimed disability.

A rationale is requested.

2. Schedule the Veteran for a VA examination to determine
athy of the upper and lower extremities, and sleep apnea. If the medical professional determines that it is necessary, schedule a VA examination(s). The medical professional should respond to the following:

(a) For each disability, did it begin in (or is it otherwise related to) the Veteran's military service?

A rationale is requested.

2. Schedule the Veteran for a VA examination to determine the nature and cause of any immune disorder. The examiner should respond to the following questions. A rationale is requested.

(a) Identify any current immune disorder(s). Consider and discuss the January 2025 VA treatment note for oral lesions and whether this is or is not an immune disorder.

(b) For each immune disorder, did it begin in (or is it otherwise related to) the Veteran's military service?

The VA examiner should consider and discuss the exposures listed in the July 2024 TERA memorandum and must consider the total potential exposure through all applicable military deployments and service and conduct a synergistic and combined effect analysis of all toxic exposure risk activities that may provide a basis to service connect the claimed disability.

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Lin, M

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

Analyze in VA Law Explorer