COPD decisions — 2002

The veteran's death was not caused by a service-connected disability, and he did not meet the criteria for educational assistance benefits or accrued benefits. The VA burial benefit claim is pending as his body has been held by a state.

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

The veteran's claim for special monthly pension by reason of being housebound is denied as he does not meet the legal criteria for this benefit.

The Board has reopened the claim for service connection for low back and leg disorder characterized as ruptured disc, L4-5, with radiculopathy due to new evidence submitted since the April 1964 rating decision. However, the claim remains denied as there is no evidence establishing a nexus between the current diagnosis of ruptured disc, L4-5, with radiculopathy and service.

The Board has determined that the veteran's COPD is not related to his service-connected left lower lung lobectomy following bronchiectasis and thus denied entitlement to secondary service connection for COPD. The claim of reopening a right lower lung lobectomy was also denied, as no new and material evidence was submitted.

The veteran's service-connected conditions, including chronic obstructive pulmonary disease (COPD) and coronary artery disease with bypass graft, have resulted in permanent loss of use of both lower extremities. Additionally, he has blindness in both eyes with 5/200 visual acuity or less. As a result, the veteran is eligible for financial assistance in acquiring specially adapted housing.

The veteran's claims for service connection for bladder cancer, COPD, and a heart disorder are denied as the use of tobacco products that began in service is precluded due to the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claim for service connection for a lung disease secondary to inservice exposure to asbestos, finding no competent medical evidence linking his diagnosed COPD to his service or any incident therein.

The veteran died of COPD, which was not service-connected. The Board found no evidence linking the cause of death to military service or any service-connected condition.

The Board has determined that the veteran's chronic obstructive pulmonary disease with emphysema is due to nicotine dependence developed during active service, and grants service connection for this condition.

The Board of Veterans' Appeals has denied the veteran's claims for service connection for COPD and heart disease (hypertension), finding that there is no evidence linking these conditions to his military service.

The Board denied the veteran's request to reopen his claim for service connection for COPD, finding no new and material evidence. The decision also denied service connection for COPD as a result of inservice tobacco use or nicotine dependence.

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

The Board denied the claim for service connection for cause of the veteran's death, finding that no in-service diagnosis or treatment was provided for any of the principal or contributory causes of death. The Board also found that there is insufficient evidence to establish presumptive service connection based on the veteran's status as a former prisoner of war.

The Board denied the veteran's claims for service connection for hearing loss, status post aortofemoral bypass for peripheral vascular disease with claudication and clots, coronary artery disease, chronic obstructive pulmonary disease (COPD), and an eye disability. The appeals were based on direct evidence of these conditions.

The Board has determined that the veteran's death was not caused or contributed to by his service-connected condition, and thus denied the claim for service connection for the cause of death.

The veteran's disabilities do not render him unable to care for most of his daily needs without requiring Aid and Attendance (A&A), nor are they housebound in fact. Therefore, the claim for special monthly pension based on A&A or housebound status is denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding no competent evidence linking his death to either service or a service-connected disability.

The Board denied the veteran's request for an earlier effective date of February 4, 2000 for service connection of chronic obstructive pulmonary disease with a history of bronchitis. The RO found that there was no clear and unmistakable error in the prior rating decisions denying service connection.

The Board denied the appellant's request to reopen his claim of entitlement to service connection for a respiratory disorder, finding that new and material evidence had not been presented.