COPD decisions — 2000

The veteran's appeal involves the assignment of a 100 percent schedular evaluation for chronic obstructive pulmonary disease (COPD) and seeks an effective date earlier than March 23, 1994. The Board is considering whether there was factual ascertainability within one year prior to his claim filing in March 1994 and if a TDIU based on a well-grounded informal claim filed in April 1986 should be considered.

The veteran's death was not caused by his service-connected sinusitis, and the Board finds that there is no persuasive medical evidence linking the veteran's death due to COPD to any other event of his active service.

The Board has denied the veteran's claims for service connection for a back disability, hernia condition, and colon disability. The claim of service connection for coronary artery disease is well grounded.

The veteran's current lung disability, manifested by emphysema with COPD, is not due to asbestos exposure or other disease or injury that was incurred in service. The Board finds no evidence of restrictive changes indicative of asbestosis and concludes there is no basis for relating the veteran's currently demonstrated respiratory disability to service.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for COPD. The veteran's argument is based on exposure during service, but no specific exposure basis was provided.

The Board has granted service connection for the cause of the veteran's death under the provisions of 38 U.S.C.A. § 1151, which resolves the issues of entitlement to benefits under 38 C.F.R. § 3.312 and 38 U.S.C.A. § 1318.

The veteran's death was caused by severe decompensated chronic obstructive pulmonary disease, and there is no medical evidence showing a nexus between the cause of his death and VA treatment. The claim is denied.

The Board granted service connection for lumbar discogenic disease and denied service connection for cervical spine disability. Service connection was not established for bronchial asthma due to lack of evidence linking the condition to service.

The Board found that the appellant's service-connected residuals of spontaneous pneumothorax warranted a 10 percent disability rating. However, there was no evidence linking his currently diagnosed chronic obstructive pulmonary disease to his service-connected residuals of spontaneous pneumothorax, and thus denied his claim for secondary service connection.

The veteran's service-connected conditions do not meet the criteria for a permanent and total disability rating for pension purposes as his combined schedular evaluation is less than 100 percent.

The Board found that the veteran's service-connected cervical spine disorder is currently manifested by no more than moderate limitation of motion, and thus denied an increased rating above 20 percent.

The veteran's application for Service Disabled Veterans' (RH) Insurance was denied because he did not meet the criteria of being in 'good health,' as defined by VA regulations. His chronic respiratory disability, which is severe in nature and not service-connected, resulted in a mortality ratio exceeding 300.

The Board denied the appellant's claims for service connection for COPD, mechanical low back pain, and a skin disorder for accrued benefits purposes due to lack of new and material evidence.

The Board has remanded the case to the RO for further development regarding the veteran's claimed exposure to mustard gas during service, including a request for information from the U.S. Army Chemical and Biological Defense Agency.

The Board has granted service connection for cardiovascular disease and chronic obstructive pulmonary disease (COPD) as secondary to the veteran's use of tobacco during service.

The Board granted service connection for mild COPD and extracapsular cataract extraction with intraocular lens, right eye, senile cataract left eye, mild corneal midstromal haze effective from May 24, 1990. The earlier decisions denying service connection were not revisited due to the reopening of claims based on new evidence.

The Board found no evidence to support the veteran's claim that his COPD was related to asbestos exposure or welding chemicals during service, and concluded that the condition is not associated with these exposures.

The Board has determined that the veteran's claims for service connection for respiratory and cardiovascular disabilities are not well grounded, as there is no evidence demonstrating a direct link between his current conditions and his military service.

The VA determined that the appellant's nonservice-connected disabilities do not combine to render him unemployable, and thus denied his claim for a permanent and total disability evaluation for pension purposes.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance. However, he is found to be housebound due to his age and disabilities.