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Board of Veterans' Appeals · Legacy series

Entitlement to service connection for chronic obstructive pulmonary disease (COPD), to include due to herbicide agent exposure, is denied.

January 30, 2026Citation Nr. 26001467Docket 19-32 492va.gov source

  • Chronic obstructive pulmonary disease (COPD), to include due to herbicide agent exposureDenied
  • gum disease, to include due to herbicide agent exposureDenied

Board reasoning

The Board finds that, although the Veteran had in-service herbicide exposure, the probative evidence shows COPD and gum disease did not begin during service or relate to any in-service injury or disease, including herbicide exposure. The most probative opinions from November 2024 weigh against a nexus to service, considering the Veteran’s extensive post-service smoking and occupational exposures, and the contemporaneous service records show no respiratory or dental disease in service or within a year of discharge. The Board therefore denies both claims, applying the benefit-of-the-doubt doctrine only where the evidence is in equipoise, which it is not.

Issues

  • Chronic obstructive pulmonary disease (COPD), to include due to herbicide agent exposureDenied
  • gum disease, to include due to herbicide agent exposureDenied

Authorities

  • Holton v. Shinseki, 557 F.3d 1362Establishes the general service-connection framework and nexus requirement.
  • Shedden v. Principi, 381 F.3d 1163Cites the nexus requirement for service connection.
  • Jandreau v. Nicholson, 492 F.3d 1372Notes lay statements are not probative for medical etiology.
  • Caluza v. Brown, 7 Vet. App. 498Credibility of veteran statements and contemporaneous records.
  • Curry v. Brown, 7 Vet. App. 59Contemporaneous service records have greater probative value than self-reported history.

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.