COPD decisions — 2000

The Board has determined that a VA examination is needed to determine the nature and etiology of any lung condition, including COPD. The veteran's claim for service connection for his current respiratory-related problems will be granted as it is at least as likely as not related to active service, specifically the inservice asbestos exposure.

The veteran's pension overpayment of $3,810.00 is waived due to undue hardship caused by financial constraints and the need for medical care. The veteran does not meet criteria for special monthly pension based on aid and attendance or housebound status.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for chronic obstructive pulmonary disease, claimed as the result of exposure to mustard gas. The veteran's claims were denied.

The VA denied the veteran's claim for service connection for chronic obstructive pulmonary disease with bronchitis, claiming it was secondary to tobacco use or nicotine dependence. The denial is based on the fact that the claim was not well grounded.

The Board has determined that the veteran's death was due to his service-connected conditions, but these did not cause or contribute substantially to his death. The Board found conflicting medical opinions and concluded that neither chronic obstructive pulmonary disease nor heart disease were caused by the in-service gunshot wound.

The Board has remanded the case for additional development due to incomplete medical records and the need to obtain information about treatment received by the veteran in the years leading up to his death.

The Board has granted service connection for mycosis fungoides, a T-cell lymphoma, and for COPD as secondary to in-service tobacco use and asbestos exposure.

The Board found that the veteran's hair loss, weight loss, and COPD were not incurred in or aggravated by active service. The scar in the area of the right eye was not shown to be related to service. Service connection for PTSD is granted but with a 30% evaluation.

The Board has denied the veteran's claims for service connection for left shoulder disorder, right knee disorder, respiratory disorder other than COPD resulting from exposure to asbestos and polyurethane products, and otitis externa of the right ear. The veteran is also seeking service connection for fatigue and nausea as due to an undiagnosed illness, but has not been examined for this purpose.

The veteran's service records show treatment for pneumonia in 1972 and 1973. The VA is required to obtain additional medical evidence to determine if the current pulmonary disorder, including COPD and residuals of pneumonia, is related to his inservice pneumonia.

The Board denied the veteran's claims for earlier effective dates for service connection due to lack of evidence supporting an earlier date.

The Board has determined that the veteran meets the criteria for special monthly pension benefits based on the need for regular aid and attendance of another person due to his disabilities and age preventing him from caring for daily personal needs without assistance.

The Board has determined that the veteran's respiratory disorder, including COPD, is not related to service and denied his claim for service connection.

The veteran is permanently and totally disabled due to multiple physical disabilities, including degenerative intervertebral disc disease of the lumbar spine, traumatic arthritis of the right ankle joint, reflex sympathetic dystrophy of the right leg and foot, mild chronic obstructive pulmonary disease, gastroesophageal reflux disease, and bilateral hearing loss. The Board finds that he meets the criteria for a permanent and total disability rating for pension purposes.

The veteran's appeal for service connection for COPD has been dismissed due to his death.

The Board denied the veteran's claim for service connection for chronic obstructive pulmonary disease, which he claimed was secondary to mustard gas exposure during his military service. The case is being remanded due to incomplete information and records.

The Board denied the reopening of the claim for service connection for COPD as no new and material evidence was received.

The Board has determined that the veteran's claim for service connection for COPD with a right lower lobectomy secondary to nicotine dependence is denied as there is no medical evidence of record indicating such a relationship.

The VA has determined that the veteran's COPD, which is currently rated at 10 percent, does not meet the criteria for a higher rating based on the severity of his symptoms and pulmonary function test results.

The veteran's service connection claims for COPD, Non-Hodgkin's lymphoma, and Chloracne secondary to exposure to Agent Orange are denied. The claim for an increased evaluation of PTSD is granted with a rating of 50 percent. The claim for an evaluation in excess of 20 percent for chondromalacia of the right patella is also granted.