COPD decisions — 2000

The Board denied the veteran's claim for service connection for COPD, finding that it was not present in service or related to a service-connected disability.

The Board denied service connection for COPD and an increased evaluation for histoplasmosis of the lung with calcified granuloma of the left lower lobe, finding no evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the veteran's claim for direct service connection for chronic obstructive pulmonary disease is not well-grounded, and his claim for service connection for chronic obstructive pulmonary disease as secondary to tobacco use lacks legal merit.

The VA determined that the veteran's death was not caused by or accelerated by treatment provided at the VA Medical Center, and thus denied his claim for benefits under 38 U.S.C.A. § 1151.

The veteran's death was not due to an injury or aggravation of an injury sustained as a result of VA hospitalization, and the Board found that his death was caused by other unrelated causes.

The Board denied the veteran's claims for service connection for nicotine dependence, cerebrovascular accident due to nicotine dependence, and COPD, to include as being due to nicotine dependence. The reasons given were that there was no evidence of service-incurred or service-aggravated nicotine dependence, and the veteran's COPD is not shown to be related to his nicotine dependence.

The Board has reopened the claim for service connection for a lung disease due to new evidence showing current disability. However, the claim remains not well-grounded as there is no medical nexus between any current lung disorder and service.

The Board has determined that new and material evidence was received to reopen the claim of service connection for the cause of the veteran's death, which is now well grounded. The Board finds that the veteran's fatal septicemia was caused by his active service.

The Board granted a 20 percent evaluation for left shoulder disability effective from July 25, 1989. The veteran's claims for service connection for bladder cancer and tuberculosis were found to be well-grounded.

The Board denied the veteran's claim for service connection for liver problems, headaches, and a lung condition due to exposure to herbicide agents used in Vietnam. The evidence did not support a link between these conditions and his military service.

The Board denied the veteran's claims for service connection for Chronic Obstructive Pulmonary Disease and nicotine dependence/tobacco use in service, finding no competent medical evidence linking these conditions to his active duty service or a service-connected disability.,For the claim of service connection for Chronic Obstructive Pulmonary Disease, the Board determined that there was insufficient evidence to establish a nexus between the veteran's current condition and either his military service or any service-connected disabilities. For the nicotine dependence/tobacco use in service claim, the Board found no competent medical evidence of nicotine dependence.

The Board denied the veteran's claims for service connection for a pulmonary disability and a cardiovascular disability, as well as his increased rating claims. The decision also noted that new evidence did not provide sufficient material to reopen the claim for a pulmonary disability.

The Board found that the veteran's current respiratory disability is not etiologically related to his active military service or, in particular, to inservice exposure to asbestos. The claim for service connection was denied.

The veteran meets the criteria for special monthly pension based on the need for regular aid and attendance due to his nonservice-connected disabilities.

The Board found no service connection for the cause of death due to lack of evidence linking COPD to military service or exposure to mustard gas. The veteran's smoking history was also not established as a basis for service connection.

The Board has granted service connection for residuals of pulmonary tuberculosis and assigned a 10 percent rating, effective from June 30, 1995. The veteran's COPD is found to be secondary to her service-connected tuberculosis, and she was also granted service connection for nicotine dependence.

The Board has determined that the appellant's claim of service connection for the cause of the veteran's death is well grounded and will be further developed.

The Board has denied the appellant's claims for service connection for sinusitis, COPD, osteoarthritis of the shoulders, and osteoarthritis of the left knee as there is no competent medical evidence showing a link between these conditions and any period of active service.

The veteran's appeal is being REMANDED to the RO for additional procedural development, including scheduling a videoconference hearing before a Member of the Board.

The Board has determined that the veteran's claims for service connection are not well-grounded and have been denied. The appeals were based on various conditions, but the evidence did not support a finding of service connection due to lack of medical evidence or plausible diagnoses.