COPD decisions — 2001

The veteran's claims for service connection and increased ratings were denied. The RO granted service connection for the right shoulder, left hand fracture, and knee/lumbar spine conditions but did not assign a rating or effective date.

The veteran's tinnitus and COPD have been granted service connection, with the VA assigning a 30 percent evaluation for COPD as of December 14, 1994. The hearing loss claim is pending.

The Board has determined that the current record is not sufficient to make a decision on the claims as there is no competent medical evidence linking current disability to service. The veteran's lay assertions of medical causation are insufficient for this claim.

The veteran died in 1992 from cardiorespiratory arrest, with the only underlying cause listed as rule out chronic obstructive pulmonary disease. There is no competent and probative evidence of COPD other than the death certificate.

The Board has granted service connection for residuals of ingrown great toenails, finding that the veteran's current disabilities are more likely than not attributable to his service. The other issues remain pending and will be remanded for further development.

The Board denied the veteran's request for an earlier effective date for his service connection for COPD and TDIU. The effective date for the TDIU was granted as of April 23, 1998.

The veteran's death was caused by small cell carcinoma of the lung, which is not service-connected. The appellant also seeks educational assistance under Chapter 35 but does not meet the eligibility criteria.

The veteran's unauthorized medical treatment at Johnston Memorial Hospital from January 25 to January 26, 2000 was denied reimbursement by VA because the condition had stabilized and transfer to a VA facility could have been made on January 24, 2000.

The Board has determined that the veteran's asthma and COPD were not incurred or aggravated during service, as there is no clear and unmistakable evidence of preexisting conditions worsening in service. The VA examinations did not provide sufficient information to establish a connection between these disabilities and service.

The Board has determined that the veteran's death was caused by his lung cancer, which is presumed to have been incurred due to herbicide exposure in Vietnam. The appellant's claim for service connection for the cause of the veteran's death and survivors' and dependents' educational assistance under Chapter 35 of the United States Code, Title 38 has therefore been granted.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for Dependents' Educational Assistance (DEA) benefits. The veteran died from lung cancer, with contributing disabilities including Crohn's disease, chronic obstructive pulmonary disease, and tuberculosis. The Board found that his service-connected resection of the large and small intestines did not contribute substantially or materially to his death.

The Board denied the appellant's claims for service connection for COPD and a back disability. The claim for COPD was based on tobacco use, which is barred by law due to its effective date after June 9, 1998. The claim for a back disability was denied as new evidence did not reopen the previously denied claim.

The Board denied the veteran's claim for service connection for a chronic respiratory disorder, including chronic obstructive pulmonary disease and chronic bronchitis secondary to his service-connected inactive tuberculosis. The decision was based on the evidence at that time which did not support a causal relationship between the current condition and his service-connected tuberculosis.

The Board denied the appellant's claim for transportation expenses for burial purposes because the veteran died at a private medical facility, not under VA contract. The appeal is therefore denied.

The Board found that the veteran's COPD is not proximately due to his service-connected pulmonary tuberculosis. The issue of whether bronchitis is secondary to service-connected pulmonary tuberculosis was remanded for further development.

The Board found no evidence of mustard gas exposure and concluded that the veteran's chronic obstructive pulmonary disease is not related to his military service. The skin lesions are also not linked to mustard gas exposure during service.

The Board found that the evidence did not support a rating in excess of 20 percent for the left knee disorder or a rating in excess of 10 percent for COPD. The veteran's disabilities were rated appropriately based on their current manifestations.

The veteran's appeal is remanded due to the need for a clarifying VA examination and consideration of both old and new rating criteria.

The Board has determined that the veteran's COPD is due to her smoking during service, and she is granted service connection for this condition.

The Board has determined that additional development is needed before the claims can be decided.