COPD decisions — 2001

The veteran's claim for special monthly pension by reason of being housebound is denied as he does not meet the criteria for housebound benefits due to his ability to leave his home and perform basic self-care activities.

The Board denied the veteran's claims for service connection for pneumonia, coronary artery disease, and chronic obstructive pulmonary disease as new and material evidence was not presented to reopen these claims.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his death was not caused by or substantially related to any condition of service origin.

The veteran's claim for an increased rating for his service-connected COPD is being remanded due to the need for additional clinical records and a new pulmonary examination.

The veteran's lung disabilities, including bronchitis, bronchopneumonia, bronchiectasis, emphysema, and COPD, were not shown to be related to service. The Board denied the claim for service connection.

The Board denied the veteran's claim for service connection for emphysema/chronic obstructive pulmonary disease, finding that there was no competent evidence of a relationship between his service-connected rhinitis and the disability. The issue regarding a compensable evaluation for chronic rhinitis with epistaxis remains pending as it is not well-grounded.

The veteran's service-connected COPD with asthma and emphysema, rated at 60 percent disabling, does not render him unemployable due to the severity of his disabilities. The VA examiner concluded that he can work in a less physically demanding job if one only considers the severity of his service-connected disabilities.

The veteran's carcinoma of the lung was not incurred in or aggravated by service and is not related to his period of service. The chronic obstructive pulmonary disease secondary to bronchial asthma with associated obstructive sleep apnea is no more than severe, but does not meet criteria for a higher rating.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound, finding that he does not meet the criteria due to his ability to perform daily activities and manage finances.

The Board has denied the veteran's claims for service connection for COPD and CAD due to tobacco use in service, as well as his claim for compensation under 38 U.S.C.A. § 1151 for nerve damage and loss of use of the penis resulting from a penile implantation. The initial evaluation for unstable sternum remains pending.

The veteran's service-connected disabilities do not permanently and totally preclude him from engaging in substantially gainful employment, as his combined disability rating is 30 percent.

The veteran's lung disability, rated at 60 percent, is granted. The veteran also receives a total disability rating based on unemployability due to service-connected disabilities.

The Board denied service connection for nicotine dependence and chronic obstructive pulmonary disease, finding no evidence of their onset or development during active military service.

The veteran's application for special monthly pension on account of need for regular aid and attendance or being housebound was denied due to the absence of a single permanent disability rated at 100%.

The Board of Veterans' Appeals (Board) determined that the full amount of $150,000 received in a settlement under the Federal Tort Claims Act (FTCA) should be offset against the dependent and indemnity compensation (DIC) benefits payable to the appellant under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's service-connected anxiety disorder and chronic obstructive pulmonary disease contributed substantially to his death, granting service connection for the cause of death.

The Board denied the veteran's claim to reopen his service connection for pneumonia with chronic bronchitis and COPD due to lack of new and material evidence.

The Board has remanded the case due to changes in VA laws and regulations, specifically the Veterans Claims Assistance Act of 2000 (VCAA), which requires the VA to assist the appellant in obtaining relevant records that may support her claim for service connection for the cause of death.

The VA has granted a 30 percent rating for the veteran's service-connected pulmonary tuberculosis with COPD, but the veteran appeals for a higher rating.

The veteran's multiple nonservice-connected disabilities, including postoperative lumbar laminectomy, depressive disorder, and spinal stenosis of the cervical spine, render him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.