COPD decisions — 2001

The Board finds that the veteran's COPD is secondary to tobacco use during service.

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence that his lung disability was due to service or exposure to herbicides in Vietnam. The Board also found no evidence that a service-connected condition contributed to his death.

The veteran's claims of service connection for residuals of a lacunar infarct, right cerebral hemisphere, and COPD secondary to his service-connected nicotine dependence are denied as they were filed after the effective date of a regulation prohibiting such claims.

The Board has remanded the case due to insufficient evidence regarding whether COPD developed as a result of service, including potential nicotine dependence.

The veteran's appeal is about the effective date of service connection for chronic obstructive pulmonary disease. The RO has already denied his claim of clear and unmistakable error (CUE) in a prior rating decision, but the issue remains pending as it is intertwined with the main appeal.

The Board has determined that the veteran had full-body exposure to mustard gas during his military service, which is a qualifying condition for presumptive service connection.,The veteran's post-service medical history shows he was diagnosed with chronic obstructive pulmonary disease, including chronic bronchitis and emphysema. The Board finds this condition contributed substantially to his death.

The Board of Veterans' Appeals has determined that the veteran's preexisting asthma was aggravated by his military service, leading to a diagnosis of COPD. As such, the claim for service connection is granted.

The Board denied the veteran's claims for increased ratings and service connection, but granted a 20 percent rating for his lumbosacral strain.

The Board found that the veteran's current lung disability including COPD was not present during service or for many years thereafter, and it was not caused by any incident of service. Therefore, the claim for service connection is denied.

The Board denied the veteran's claims for service connection for basal cell carcinoma of the neck and chronic obstructive pulmonary disease (COPD) due to exposure to herbicides. The claim for porphyria cutanea tarda was reopened based on new evidence.,There is no direct or secondary service connection established for any of the conditions.

The veteran's service-connected disabilities, including diabetes mellitus, chronic obstructive pulmonary disease, and status post L4-5 diskectomy for herniated nucleus pulposus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a total rating based on individual unemployability are met.

The veteran's claim for specially adapted housing or special home adaptation grant is denied because he does not meet the criteria for financial assistance due to his non-qualifying service-connected disabilities.

The Board has granted service connection for the cause of the veteran's death due to his service-connected hypertension contributing substantially and materially to his death. The appellant is also granted Dependents' Educational Assistance benefits.

The Board denied the veteran's claims for service connection for the cause of his death, eligibility for accrued benefits, and eligibility for Dependents' Educational Assistance (DEA) due to lack of evidence supporting these claims.

The veteran's death was caused by chronic obstructive pulmonary disease and hypoxia and hypercapnia due to sleep apnea, which were not related to his service-connected Arnold-Chiari malformation type I with weakness of the right and left lower extremities and nystagmus. The Board found that these conditions did not contribute substantially or materially to the cause of death.

The Board granted service connection for COPD and established an effective date earlier than February 1996 for the veteran's right lung carcinoma, based on presumptive exposure to herbicides in Vietnam.

The veteran's claim for service connection for COPD, emphysema, bronchitis, and asthma is remanded due to the need for additional development of his medical records.

The Board has determined that the veteran's service-connected chronic obstructive pulmonary disease does not warrant an evaluation in excess of 60 percent. The issue of entitlement to TDIU benefits is also denied.

The veteran was granted service connection for COPD, effective from December 4, 1997. The appeal is based on a presumption of service connection due to exposure to mustard gas during World War II.

The veteran's conditions do not meet the criteria for an increased rate of pension based on need for regular aid and attendance or housebound status.