COPD decisions — 2001

The Board denied the veteran's claims of service connection for dengue fever and chronic obstructive pulmonary disease, finding that new and material evidence had not been submitted to reopen these claims.

The Board denied the veteran's claim for service connection for COPD, finding that it was not well grounded. The decision is based on the fact that smoking began in service and there is no evidence of nicotine dependence or other disease incurred during service.

The Board found no evidence to support the veteran's claim of service connection for COPD and denied his request for a compensable evaluation for residuals of hemorrhagic fever. The RO has maintained a noncompensable disability rating since April 1958.

The Board has granted a 30% rating for the service-connected COPD from June 25, 1991 through November 4, 1998.

The veteran withdrew their appeal before the Board could make a decision.

The veteran's service-connected COPD and nicotine dependence do not meet the criteria for a total disability rating based on individual unemployability due to their combined effect.

The Board has granted service connection for COPD as a result of exposure to asbestos, but denied the claim for service connection for a respiratory condition as a result of mustard gas exposure.

The VA has denied the veteran's claim for an increased evaluation for his service-connected chronic obstructive pulmonary disease, as it does not meet the criteria for a higher rating based on current medical evidence.

The VA Regional Office denied the veteran's claim for service connection due to a change in law, and the case is being remanded for further action under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's bilateral tinnitus, COPD, myocardial infarction, and hypertension are all service-connected. The evidence shows these conditions were incurred in service.

The Board has granted a 30 percent evaluation for the veteran's service-connected COPD, but denied his claim of secondary service connection for an acquired psychiatric disorder. The issue regarding tinnitus remains pending.

The veteran's death was not caused by his service-connected right hand disability. The cause of death, coronary artery disease with aortic stenosis and chronic obstructive pulmonary disease, is unrelated to the veteran's military service or any service-connected condition.

The Board denied the veteran's claim for service connection for chronic obstructive pulmonary disease with emphysema, finding no evidence that his condition was caused by tobacco use or nicotine dependency during active duty.

The Board has determined that the veteran should undergo a VA examination to clarify his diagnosis and provide an opinion on the etiology of his pulmonary disorder, specifically asbestosis. The case is being remanded for further development.

The Board has denied the veteran's claims of entitlement to service connection for COPD and a compensable evaluation for hepatitis. The RO is instructed to provide additional development, including obtaining medical opinions regarding the etiology of the veteran's COPD, before readjudicating his claims.

The Board denied an increased rating for the veteran's bronchiectasis with chronic obstructive pulmonary disease and a history of bronchitis, finding that his current disability level is adequately represented by the 60 percent evaluation currently in effect.

The veteran's request for service connection for emphysema, including chronic obstructive pulmonary disease is being remanded due to the failure to report for a Travel Board hearing. The case will be returned to the Board after the hearing.

The veteran's service-connected bronchial asthma contributed to his death, and the Board has granted service connection for the cause of death.

The Board has dismissed the veteran's appeals for service connection due to lack of jurisdiction, as there were no timely substantive appeals filed.

The veteran's service-connected disabilities did not substantially or materially contribute to his death, and the preponderance of evidence does not support a finding that any other disability was a cause of his death. The claim for DIC under 38 U.S.C.A. § 1318 is also denied as there is no evidence showing the veteran would have been entitled to a 100% rating but for CUE in a final decision.