COPD decisions — 2001

The Board granted service connection for nicotine dependence and COPD as secondary to the veteran's service-connected conditions, but denied an effective date prior to May 4, 1998.,Service connection was also granted for heart disease as secondary to nicotine dependence and COPD, with a denial of an earlier effective date due to the filing being after June 10, 1998.,The veteran's heart disease is found to be secondary to his service-connected conditions.

The Board has determined that the veteran does not meet the criteria for special monthly pension due to the need for regular aid and attendance or housebound status based on his psychiatric disorders, other than visits to the VA Medical Center.

The veteran's service-connected asbestosis with chronic obstructive pulmonary disease and chronic bronchitis does not meet the criteria for a total rating based on individual unemployability due to his disability.

The Board has reopened the claims for vision and lung disabilities, but denied service connection due to lack of evidence linking these conditions to military service. The lung disability was granted based on new evidence showing exposure to 'Agent Orange' during service.

The Board denied service connection for the cause of death, eligibility for Dependents' Educational Assistance benefits under Chapter 35, and entitlement to Dependency and Indemnity Compensation (DIC) benefits under Chapter 1318 due to the veteran's COPD being secondary to nicotine dependency acquired in service.

The Board determined that the veteran's service-connected shell fragment wounds did not cause or contribute to his death from large cell lung cancer, as there was no causal connection between the two.

The Board has granted a 60 percent rating for the veteran's asthma with chronic obstructive pulmonary disease, effective from the date of the decision.

The VA has determined that the veteran's COPD meets the criteria for a 100 percent disability evaluation based on recent pulmonary function tests showing an FEV-1 of less than 40 percent of predicted value.

The Board denied the veteran's claim for service connection for COPD due to herbicide exposure, finding that there was no evidence of a chronic disability during service or within presumptive periods. The Board also noted that VA records prior to June 1997 were unavailable.

The Board finds that the veteran's nicotine dependence, which began during his service, caused him to smoke cigarettes and develop COPD. This COPD was an immediate cause of death in October 1997. Therefore, service connection for the cause of death is granted.

The VA has denied the veteran's request for an increased rating for his service-connected bronchial asthma and chronic obstructive pulmonary disease, as the evidence does not support a higher disability rating under the applicable criteria.

The Board has reopened the veteran's claims for service connection for chronic obstructive pulmonary disease, bronchitis, a skin condition, emphysema, and asthma claimed as secondary to mustard gas exposure. However, there is no evidence of mustard gas exposure during active duty, and the preponderance of the evidence does not link these conditions to active duty.

The veteran's claims for service connection for esophageal cancer and COPD, claimed as secondary to the use of tobacco products, are denied. The Board notes that the veteran is precluded from pursuing claims based on disability due to the use of tobacco products in service.

The veteran's service-connected postoperative residuals of pulmonary tuberculosis are found to have contributed substantially and materially to his cause of death. The veteran also has basic eligibility for Dependents' Educational Assistance benefits.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death, which is related to COPD.

The Board has remanded the veteran's claims due to incomplete development and need for further examination. The claims include service connection for corneal opacities, COPD, bilateral pes cavus, right hip fracture residuals, and special monthly compensation.

The Board found that the veteran's death was not caused by any service-connected disability, and his pulmonary tuberculosis is not presumed to have been related to service. The cause of death was attributed to chronic obstructive pulmonary disease due to other conditions.

The Board granted a TDIU effective from October 16, 1995, based on the veteran's service-connected bronchiectasis and associated COPD.

The veteran's need for regular aid and attendance due to his severe psychiatric impairment, pain, nervousness, anxiety, and impairments of concentration and memory has been established. The Board finds that the evidence supports granting special monthly pension based on this need.

The Board denied apportionment of the veteran's nonservice-connected pension benefits for the benefit of the appellant due to financial hardship not being shown and undue hardship on the veteran.