COPD decisions — 2000

The appellant's COPD, chronic back strain with spondylolisthesis, synovitis of the right and left knees, and synovitis of both hands are rated at 60%, 20%, 10%, 10%, and 10% respectively. The combined rating is 80%. The appellant's disabilities permanently preclude him from engaging in all forms of substantially gainful employment.

The Board has determined that the veteran's service-connected right ankle strain did not cause or contribute to his death from COPD. The claim is denied.

The Board has denied the veteran's claims for service connection for respiratory disease, retropatellar pain syndrome, residuals of a head injury, and headaches. The claim for PTSD is granted.

The Board denied the appellant's request for an earlier effective date of May 1, 1996 for DIC benefits based on service connection for the cause of her husband's death. The decision found that no new evidence was submitted and that the claim had not been appealed in a timely manner.

The Board has reopened the claim for service connection for a stomach disorder (ulcers) and found that all claims are well-grounded. The veteran's ulcers, hearing loss, COPD, and anxiety disorder are related to his treatment of pulmonary tuberculosis in service.

The Board denied the veteran's claims for service connection for COPD due to tobacco use in service, nicotine dependence that began during service, and COPD due to nicotine dependence that began during service as not well-grounded.

The veteran's unauthorized private medical expenses from January 9, 1998 to January 18, 1998 are denied as the care was not for a service-connected disability and VA facilities were available.

The Board has remanded the case for additional development, including obtaining clinical records related to the veteran's death and considering the appellant's claim under 38 U.S.C.A. § 1318(b).

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and increased ratings for his service-connected disabilities. The claim for service connection was not addressed, while the claims for increased ratings were both denied.

The Board denied the appellant's claims for an earlier effective date for death pension benefits and for nonservice-connected disability pension for accrued benefits, finding that no entitlement to such benefits was due at the time of the veteran's death.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another or by reason of being housebound was denied due to his nonservice-connected disabilities not meeting the criteria for such benefits.

The VA determined that there is no competent medical evidence linking the veteran's COPD to service, including tobacco use or nicotine dependence during service. The claim for service connection was therefore denied.

The veteran's claim for service connection for COPD, including as secondary to herbicide exposure and/or tobacco use during service is denied.

The Board found that the appellant's shortness of breath and dry scaly skin are not due to undiagnosed illnesses, but rather related to pre-existing conditions. The claim for service connection was denied.

The veteran's anxiety neurosis is rated at 50 percent, his bronchitis remains at 0 percent, and his sinusitis is rated at 10 percent from October 1994 to October 1996. The veteran's total rating based on individual unemployability claim was denied.

The Board denied service connection for the cause of the veteran's death and also denied the appellant's claim for Survivors' and Dependents' Educational Assistance under 38 U.S.C.A. Chapter 35.

The Board denied the veteran's claims for service connection for emphysema/chronic obstructive pulmonary disease and a compensable evaluation for chronic rhinitis with epistaxis, finding that there was no competent evidence of a relationship between his service-connected rhinitis and these conditions.

The veteran's claim for service connection for COPD is denied as there is no competent medical evidence linking the condition to tobacco use or nicotine dependence developed during service.

The veteran's unauthorized medical expenses for September 19, 1998 and September 20, 1998 were not reimbursed due to the absence of a medical emergency. However, his hospitalization from September 24, 1998 through September 28, 1998 was deemed necessary and VA facilities were feasibly available.