COPD decisions — 2000

The Board has determined that the veteran's claims for service connection are not well-grounded and thus denied. The effective date claim is also denied as there was no prior application for pension benefits.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no evidence to support a link between mustard gas exposure or tobacco use during service and his lung conditions.

The veteran's death was caused by COPD, cor pulmonale, and severe mitral regurgitation. The cause of the veteran's death is not service-connected as these conditions were first found many years after service. The service-connected PTSD did not contribute to the cause of death.

The Board has determined that the claims of entitlement to service connection for degenerative arthritis of the thoracic spine, COPD, and bilateral retinal detachment are not well grounded. The claim of entitlement to service connection for cataracts is well grounded.

The veteran's claims are being remanded due to the need for additional evidence from Social Security Administration and a readjudication of his service connection claims.

The Board found that the veteran's service-connected chronic obstructive pulmonary disease did not warrant an evaluation in excess of 30 percent, and denied his claim for a higher rating.

The Board denied the veteran's claim for service connection for the cause of his death and denied DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking his military service or service-connected conditions to his death.

The Board denied the veteran's claims for higher ratings for his service-connected spontaneous pneumothorax with COPD, shell fragment wound scar of the left thigh, and residuals of a gunshot wound to the left leg. The veteran was not granted any increased disability evaluations.

The Board has determined that the veteran's cause of death, Chronic Obstructive Pulmonary Disease (COPD), had its early onset in active military service and granted service connection for the cause of death.

The Board found no evidence of a lung disorder during service and denied the veteran's claim for service connection.

The veteran's acquired psychiatric disability, COPD, neck injury residuals, lumbar strain, chronic non-specific dermatitis, and scars from cervical traction have been granted. The effective date for the COPD rating increase is April 30, 1998.

The Board found that the service-connected disabilities did not cause or contribute substantially to the veteran's death. The Board concluded that the metastatic large cell carcinoma was the immediate cause of death, and the service-connected conditions did not accelerate it.

The Board found that the veteran's claims of service connection for Chronic Obstructive Pulmonary Disease and Hypertension are not well-grounded, as there is no competent evidence showing a link between these conditions and his active service.

The veteran's claim for an increased rating for his service-connected rheumatic heart disease with mitral stenosis is being remanded due to the need for additional medical examination and development of the record.

The veteran's disabilities, including a total abdominal hysterectomy and bilateral salpingo-oophorectomy, degenerative joint disease of the lumbar spine, cervical spondylosis, degenerative arthritis of the knees, hemorrhoids, COPD, and glaucoma, meet the criteria for a combined rating of 70 percent. The veteran is therefore considered unemployable due to her disabilities.

The Board denied service connection for the cause of the veteran's death, finding no relationship between his death and any service-connected conditions.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the veteran's COPD and degenerative joint disease are not service-connected, as there is no medical evidence linking these conditions to his military service.

The Board denied the veteran's claim for an increased evaluation for his service-connected COPD with episodic bronchial asthma, finding that the current rating criteria are more favorable to him and that he does not meet the criteria for a higher disability evaluation.