COPD decisions — 2000

The Board has determined that the claim is not well-grounded and requires additional development, including obtaining SSA disability determination records and medical records supporting it.

The Board has determined that the veteran's claim for service connection for asthmatic bronchitis and chronic obstructive pulmonary disease is well-grounded, as there is medical evidence linking his current lung conditions to exposure to second-hand cigarette smoke during active duty. The RO must now provide a VA examination to determine if this link is at least as likely as not caused by the veteran's service.

The Board found that the appellant's claims for service connection for PTSD, nicotine dependence, ASHD and COPD secondary to nicotine dependence are well grounded. The appeals were granted as the evidence supported a link between in-service tobacco use and current conditions.

The veteran's claims for service connection for cavernous hemangioma, varicose veins, and initial evaluations for pulmonary disorder (asthma, bronchitis, chronic obstructive pulmonary disease) and atherosclerotic heart disease are granted. The claim for service connection for depression is also granted.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a chronic pulmonary disability to include COPD and shortness of breath was denied by the RO.

The Board denied the veteran's claims for service connection for nicotine dependence, COPD secondary to nicotine dependence, and COPD due to inservice tobacco use. The claim for PTSD was also denied as there were no credible supporting evidence of inservice stressors.

The Board has determined that the veteran's asbestosis is service-connected, with no doubt to be resolved.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for nonservice-connected pension, with an allowance for aid and attendance due to insufficient financial resources.

The Board denied the appellant's claims for service connection for ventricular fibrillation, acute myocardial infarction, coronary artery disease, diabetes mellitus, and COPD as these conditions were not incurred in or aggravated by active service.

The veteran's appeals for increased ratings for various service-connected conditions have been denied. The RO found that the current manifestations of his COPD, hypertension, and low back disability do not warrant higher ratings under the applicable VA rating criteria.

The Board found that the veteran's claims for asthma, bronchitis, and chronic obstructive pulmonary disease as secondary to service-connected pulmonary tuberculosis are not well grounded.

The Board denied increased evaluations for COPD and recurrent bilateral ankle sprain, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board has denied the veteran's claim for service connection for the cause of his death due to COPD and cor pulmonale, as well as a claim for prostate cancer related to service. The evidence does not support these claims.

The veteran's death was caused by chronic lymphocytic leukemia, with cachexia and pulmonary disease as contributing causes. The service-connected irritable bowel syndrome aggravated the veteran's cachexia, which contributed to his death.

The Board found that the appellant is not blind or nearly blind, in a nursing home, or permanently housebound by reason of disability. Therefore, she does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board has granted service connection for chronic obstructive pulmonary disease and emphysema, finding that the veteran's lung disability had its onset in service. Service connection for coccidioidomycosis was denied.

The veteran's unauthorized medical expenses incurred at Jackson Hospital on November 2, 1995 are denied as the treatment was not for a service-connected condition and there was no medical emergency.

The Board denied a higher rating for the veteran's service-connected benign granuloma of the lung, finding that there was insufficient medical evidence to determine if the condition had worsened or if it was due to non-service connected conditions.

The Board finds that the appellant's disabilities do not render him housebound or in need of regular aid and attendance, thus denying his claims for special monthly pension by reason of being in need of regular aid and attendance of another person or on account of being housebound.

The Board has reopened the veteran's claims for service connection for COPD and asthma due to new evidence submitted since the June 1990 rating decision. However, the claim remains well grounded as there is no direct or presumptive evidence linking these conditions to service.