COPD decisions — 2001

The Board found that the cause of death, myocardial infarction, was not caused by service-connected conditions. The veteran's heart disease and other health issues were not shown to be related to his military service. Therefore, service connection for the cause of death is denied, and eligibility for Dependents' Educational Assistance under Chapter 35 is also denied.

The Board has denied the veteran's claims for service connection for COPD and an increased rating for residuals of right ankle strain. The COPD claim is based on new evidence submitted after a previous denial, while the right ankle strain issue remains unresolved.

The veteran's claims for service connection for hearing loss and lung condition, as well as his request for an increased rating for post-operative residuals of a right medial meniscal injury, were denied by the RO. The decision is final.

The Board denied the veteran's claims for service connection for various conditions, including PTSD, tuberculosis, COPD, skin disorders, hepatitis, defective vision, and a blood disorder secondary to Agent Orange exposure. The decision is based on the lack of evidence linking these conditions to active service.

The Board has determined that the veteran's pre-existing asthma was aggravated by his exposure to substances during service, and therefore grants service connection for chronic obstructive pulmonary disease with asthma.

The veteran's death was caused by renal failure due to or as a consequence of chronic obstructive pulmonary disease and pneumonia, which is service-connected. The veteran also had basic eligibility for Dependents' Education Assistance (DEA) under the provisions of 38 U.S.C., Chapter 35.

The Board has remanded the case due to new legal requirements and the need for additional development of evidence. The veteran's claims for service connection are pending, as is his claim for a higher rating for PTSD.

The veteran's claims for service connection are being remanded due to a significant change in the law, specifically the Veterans Claims Assistance Act of 2000. The case will be readjudicated by the RO after necessary development and notification.

The Board found that the veteran's claims for service connection for a chronic respiratory disability, including pneumonia, influenza, COPD, and bronchiectasis, as well as sinusitis, were not supported by the evidence. The preponderance of the evidence indicated no direct relationship between these conditions and his military service.

The Board has determined that the case should be remanded to determine the extent of the veteran's COPD and its relationship to service.

The veteran died from respiratory failure due to COPD, which was not caused by his service-connected psychoneurotic anxiety state. The Board denied the claim for service connection and also denied dependents' educational assistance benefits.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound.

The Board has granted service connection for nicotine dependence, chronic obstructive pulmonary disease, and right lung cancer, finding that these conditions are proximately due to or the result of nicotine dependence incurred during active service.

The veteran's claims for increased evaluations and service connection were denied. The RO has developed all evidence necessary, but the residuals of shrapnel wounds are not shown to warrant higher ratings.

The VA denied increased evaluations for the service-connected right ankle fracture residuals and COPD, but granted service connection for a skin rash.

The Board has determined that the appellant's physical conditions, including left leg brace, special shoes, wheelchair, quad-cane, and other disabilities, necessitate regular aid and attendance of another person. As a result, the claim for special monthly allowance based on need for aid and attendance is granted.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death, which was attributed to cor pulmonale due to COPD and osteoarthritis of the thoracic spine.

The VA has denied the veteran's claim for an evaluation in excess of 10 percent for COPD secondary to asbestosis, finding that his PFT results do not meet the criteria for a higher rating under Diagnostic Code 6604 or 6833.

The Board has determined that the veteran's service-connected right shoulder disability warrants a 20 percent evaluation, and his service-connected right chest disorder does not warrant an increased rating.