COPD decisions — 2000

The veteran's claims for service connection for various conditions due to exposure to herbicides are denied as they are not well-grounded.

The Board found that the veteran's death was not caused by a service-connected disability and denied both the claim for service connection for the cause of death and the dependents' educational assistance benefits.

The Board found that new and material evidence had been received to reopen claims for diabetes mellitus, left eye disorder, chronic obstructive pulmonary disease, and stomach disorder. The RO granted service connection for these conditions effective from April 30, 1992.

The Board has determined that the veteran's COPD is secondary to nicotine dependence acquired during his active service, and thus granted service connection for COPD.

The Board dismissed the appeal regarding loss of teeth due to withdrawal by the appellant. The claim for COPD, secondary to tobacco use during service, is not well-grounded. The claim for reopening the back disability issue has been denied as no new and material evidence was submitted.

The Board finds that the veteran's unauthorized hospitalization at GVMC from July 25 to July 28, 1994 is not covered by VA for reimbursement as it was determined that a VA facility could have been feasibly available and would have accepted him.

The VA Board of Veterans' Appeals has determined that the veteran's service-connected PTSD contributed to his death, as evidenced by his history of violent episodes and non-compliance with medication due to smoking. The cause of death was listed as COPD.

The Board found that the appellant's disabilities do not meet the criteria for special monthly death pension benefits based on the need for regular aid and attendance or by reason of being housebound.

The Board has determined that the veteran's claims for service connection for conjunctivitis, corneal opacities (cataracts), and COPD due to exposure to second hand smoke and/or mustard gas are well-grounded. The claim of service connection for conjunctivitis is denied as there is no evidence of current disability. The claims for corneal opacities and COPD are granted, with the presumption of service connection based on full body exposure to mustard gas.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, finding that none of the conditions met the criteria for well-groundedness or were supported by competent medical evidence.

The veteran's claim for special monthly pension based on the need for regular aid and attendance by another person is denied due to his inability to require such assistance.

The Board found that there is no competent medical evidence showing a causal connection between the veteran's death and any VA treatment. The claim was denied as not well-grounded.

The veteran's respiratory disorder and eye disability are service-connected as secondary to mustard gas exposure. However, the VA denied compensation benefits under 38 U.S.C.A. § 1151 for peripheral vascular disease resulting from VA treatment.

The Board has determined that the appellant is in need of regular aid and attendance due to her multiple medical conditions, which require assistance with daily activities. The claim for special monthly pension based on housebound status is denied as she already qualifies for aid and attendance.

The Board found that the veteran's asthma and COPD were not incurred in or aggravated by service, nor may they be presumed to have been incurred due to exposure to mustard gas. The evidence did not support a finding of service connection.

The veteran's claim for reimbursement of unauthorized medical expenses is granted due to the presence of a medical emergency and lack of feasible VA or Federal facilities.

The Board found that the veteran's symptoms of COPD with sleep apnea, tinea pedis, and bilateral knee disorder (chondromalacia) are not related to service or an undiagnosed illness. The claims were denied as they do not meet the criteria for service connection under 38 C.F.R. § 3.317.

The Board has granted service connection for COPD and squamous cell carcinoma on a presumptive basis due to mustard gas exposure during service. Service connection is denied for a skin disorder other than squamous cell carcinoma.

The Board has granted service connection for chronic obstructive pulmonary disease and heart disease, both secondary to nicotine dependence incurred during military service.

The veteran's death was due to pneumonia caused by chronic obstructive pulmonary disease. The VA treatment provided did not hasten her death, and there is no evidence of fault or accident on the part of VA.