COPD decisions — 2001

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that the veteran's COPD and heart disease were not incurred in service or due to nicotine dependence incurred there. The law was amended prohibiting such claims.

The Board denied the veteran's claim for service connection of COPD, finding that his condition resulted from a long-standing tobacco addiction and thus was not incurred in or aggravated by military service.

The Board denied the appellant's claims of service connection for the cause of the veteran's death and DIC benefits due to a prohibition on service connection for tobacco-related disabilities.

The Board denied the appellant's claim for additional death pension benefits based on a need for regular aid and attendance or being housebound due to her inability to meet the criteria for such benefits.

The veteran's bronchial asthma with COPD is currently rated at 30 percent, but the evidence shows that his FEV-1 is less than 40 percent predicted and he requires daily bronchodilator therapy. The Board has determined this warrants a 100 percent rating.

The veteran's unauthorized medical expenses incurred in February and March 1999 were denied because he did not have an adjudicated service-connected disability, and the treatment was not for a service-connected condition.

The Board found that the veteran does not have COPD or pulmonary fibrosis attributable to asbestos exposure during military service and denied his claim.

The Board found that the veteran's death was not caused by a service-connected disability and denied claims for accrued benefits, DIC under 38 U.S.C.A. § 1151 based on VA treatment, and hypothetical entitlement to DIC.

The Board denied service connection for PTSD and an increased rating for the residuals of a shell fragment wound to the right chest, pleural cavity injury with retained foreign body. The veteran's conditions are primarily due to nonservice-connected emphysema and COPD.

The Board has determined that the veteran's current bilateral hearing loss is related to his military service and granted service connection for this condition. The issue of chronic obstructive pulmonary disease remains unclear as there are no specific findings or evidence provided regarding its etiology.

The Board has determined that the veteran's death was not service-connected due to insufficient evidence showing a link between his military service and nicotine dependence, which is necessary for secondary service connection.

The veteran's claim for service connection for a respiratory disorder, including COPD, is being remanded due to the need for additional development and consideration of secondary service connection.

The veteran's claim for increased rate of nonservice connected pension by reason of being in need of regular aid and attendance of another person; or on account of having a permanent disability that is 100 percent disabling, with either a separate disability ratable independently at 60 percent disabling or being housebound is remanded due to the need for additional development including obtaining medical records and conducting examinations.

The Board has determined that the veteran's current disabilities are not related to his active service, including exposure to ionizing radiation. The evidence does not show any participation in a radiation-risk activity or exposure to ionizing radiation during service.

The Board denied the veteran's claims for service connection for various conditions, including PTSD and COPD. The reasons were that there was no competent medical evidence of a diagnosis or etiology for PTSD, and the VA examinations did not find any current disabilities related to service.

The Board has granted the veteran's claims of service connection for nicotine dependence, arteriosclerotic heart disease, and chronic obstructive pulmonary disease (COPD), all secondary to tobacco use in service.

The Board denied the veteran's claims for service connection due to lack of well-grounded evidence, finding no medical evidence linking COPD or nicotine dependence to his military service.

The VA denied reimbursement or payment for unauthorized medical services rendered in connection with the veteran's private hospitalization due to chronic obstructive pulmonary disease and fractures of the left tibia and fibula. The denial is based on the fact that the treatment was not for a service-connected disability.

The Board has determined that the veteran's claimed conditions are not related to his military service, including asbestos exposure. The claims for service connection for carcinoma of the rectum and a respiratory condition have been denied.

The Board has determined that the veteran did not timely and adequately perfect an appeal of his claims for increased disability ratings for residuals of a fracture of the left femur, multiple shell fragment wound scars, and service connection for chronic obstructive pulmonary disease (claimed as a right lung condition). The claim for PTSD was granted with a 10% rating.