COPD decisions — 2001

The Board has denied the veteran's claims for service connection for various conditions, finding that his hearing loss is not more than noncompensable under the old criteria in effect through June 9, 1999.

The Board found that the veteran's death was not caused by service-connected conditions, and thus denied the claim for service connection for the cause of his death.

The veteran's conditions do not render him in need of regular aid and attendance due to his ability to perform daily functions independently.

The appellant's disabilities, including bilateral hearing loss and hypertension, are sufficient to warrant a permanent and total disability rating for nonservice-connected pension benefits.

The Board denied the veteran's claim for service connection for PTSD and his request for an increased evaluation for autoimmune disorder with shortness of breath, COPD, and multiple joint swelling. The decision also noted that new evidence submitted since the final denial did not meet the criteria to reopen the PTSD claim.

The veteran's claim for a higher rating for postoperative residuals of bilateral inguinal hernias was denied. His claim for service connection for chronic lung disorder (COPD) was also denied, as there is no evidence that his COPD is related to nicotine addiction acquired in service or exposure to asbestos while on active duty.

The veteran's death was caused by metastatic carcinoma of the lung, but it is unclear whether this cancer originated from his service-connected left leg stump or if it was a separate incident. The RO has been instructed to obtain additional medical records and provide a medical opinion regarding the cause of death.

The veteran's claim for an increased initial rating from October 7, 1996, was denied. The RO has been instructed to obtain additional clinical treatment records and schedule the veteran for a VA rating examination.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that no service-connected disability caused or contributed to his death.

The Board has denied the veteran's claims of service connection for sleep apnea and chronic respiratory/pulmonary disability, variously diagnosed as asthma, emphysema, and chronic obstructive pulmonary disease. The case is being remanded to complete necessary development.

The Board has remanded the case due to incomplete records and the need for further examination. The veteran's claim for service connection for a seizure disorder is pending, as are his pension benefits claims.

The veteran's disabilities do not render him unable to care for most of his daily personal needs without assistance from others, nor do they render him unable to protect himself from the hazards and dangers incident to his daily environment. The criteria for an award of special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound have not been met.

The Board has denied the veteran's claims for service connection for COPD secondary to his nicotine dependence and a compensable evaluation for nicotine dependence, finding that the law bars such claims due to the use of tobacco products during service.

The Board denied the claim as new and material evidence had not been submitted to reopen the claim of entitlement to service connection for the cause of death.

The Board has determined that the veteran's diagnosed chronic obstructive pulmonary disease, bronchitis, emphysema, and laryngitis were incurred as a result of his in-service full-body exposure to mustard gas. As such, service connection for these conditions is granted.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The Board of Veterans' Appeals has denied the veteran's claims for service connection for sinus bradycardia, residuals of a left knee strain, bronchitis, and chronic obstructive pulmonary disease (COPD).

The Board has remanded the case for further development due to incomplete records and need for clarification of disability ratings.

The Board granted service connection for residuals of rhinoplasty and found that the veteran's lung disability is due to his in-service injury. The issue regarding an evaluation in excess of 10 percent for the lung contusion was not addressed as it has been resolved by granting service connection.

The Board denied the appellant's claim for basic eligibility for VA benefits, finding no new and material evidence to reopen his previously denied claim.