COPD decisions — 2001

The veteran seeks service connection for asbestosis and chronic obstructive pulmonary disease, which he claims are related to asbestos exposure during his military service. The VA is remanding the case for additional development including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claims for an earlier effective date for COPD and gastritis and gastroenteritis as secondary to service-connected dysthymic disorder, and denied service connection for these conditions.

The Board denied service connection for the cause of the veteran's death as secondary to nicotine dependence due to a new law prohibiting such claims.

The Board denied the veteran's claims of service connection for hearing loss and an increased evaluation for COPD. The decision found that there was no evidence of a current disability meeting VA criteria for hearing loss, and thus denied service connection on this basis. For COPD, the Board noted that the veteran met the criteria for a 10% rating but not higher, as his FEV-1/FVC ratio did not meet the required percentage range for a 30% evaluation.

The Board denied the veteran's claims for reopening his service connection claims for COPD and pes planus, as well as his claim for special monthly pension based on needing aid and attendance. The evidence submitted since the previous denial was not considered new and material to reopen any of these claims.

The Board has granted service connection for heart disease as secondary to COPD and assigned a 50 percent evaluation for sinusitis effective from July 2, 1991.

The Board denied the appellant's request for waiver of an overpayment of improved disability pension benefits due to his willful failure to disclose a material fact (his wife's income and SSA disability benefits) with intent to retain eligibility.

The Board has determined that the veteran's claim for an effective date prior to June 2, 1997 for a grant of service connection for COPD is granted.

The VA has granted a higher initial rating of 70 percent for PTSD, and an initial compensable rating (10%) for athlete's foot. The respiratory disease claim remains at 60 percent.

The Board has restored the veteran's service connection for COPD with bronchitis, but denied his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The veteran's claims for service connection for colon cancer, renal cancer, and COPD as secondary to exposure to herbicides or asbestos were denied. The Board found that the conditions did not have their onset in service or are otherwise related to service.

The Board has determined that the veteran's service-connected coronary artery disease, myocardial infarction, and diabetes contributed to his death from lung cancer.

The Board has determined that the veteran's COPD is related to mustard gas exposure during service, and thus granted his claim for service connection.

The Board has determined that the veteran's chronic obstructive pulmonary disease is due to nicotine dependence in service, and thus grants service connection for this condition.

The veteran's claim for service connection for chronic obstructive pulmonary disease with pneumonia is denied as it falls within the scope of newly amended law set forth at 38 U.S.C.A. § 1103, which prohibits service connection for a disability resulting from an injury or disease attributable to the use of tobacco products during active service.

The Board dismissed the veteran's appeal due to a lack of timely filing of a substantive appeal for issues related to service connection.

The Board is remanding the case to determine if the cause of the veteran's death, COPD, was related to asbestos exposure during his service in the United States Navy.

The VA determined that the veteran's COPD does not warrant a rating higher than 10 percent, based on his pulmonary function test results.

The Board found that the cause of the veteran's death was not due to mustard gas exposure during service and did not establish a direct link between his emphysema and military service.

Your appeal to service connection for COPD has been dismissed because a timely Substantive Appeal was not filed within the required time frame.