COPD decisions — 2002

The Board denied the veteran's claims for service connection for cause of death and entitlement to Dependents' Educational Assistance due to a lack of evidence linking his death to service-connected conditions or exposure to asbestos, and because he did not have permanent and total disability at the time of his death.

The veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Board found that the veteran's service-connected chronic laryngitis did not cause or contribute substantially to his death from aspiration pneumonia and COPD. The appellant's claim for service connection was denied.

The Board found that the veteran's cause of death (COPD) was not related to his service-connected disabilities and did not occur due to tobacco use during service. The claim for non-service-connected death pension benefits is denied as the veteran had no recognized guerrilla service and was not a member of the Armed Forces of the United States.

The Board has reopened the claim for service connection for bronchitis with bronchospasm (claimed as chronic obstructive pulmonary disease) as a result of gunshot wound to chest and found that new and material evidence has been submitted. The Board also determined that the veteran's current respiratory disability is likely secondary to his service-connected injury.

The Board found that the veteran's service-connected intervertebral disc syndrome did not cause or contribute substantially to his death, and thus denied the claim for service connection for the cause of his death.

The Board has determined that the veteran's chronic obstructive pulmonary disease is not related to his military service, including exposure to asbestos. The claim for service connection is denied.

The Board denied the reopening of a claim for service connection for COPD, finding that new and material evidence had not been submitted.

The Board denied the veteran's claim for service connection for the cause of his death, finding that his lung and heart disease were attributable to his use of tobacco products during service.

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and leukoplakia of the vocal cords, finding no evidence linking these conditions to his military service or radiation exposure.

The Board has denied the veteran's claims for service connection for basal cell carcinoma, COPD, and liver disease. The evidence does not establish a link between these conditions and his military service.

The veteran's disabilities do not render him unable to independently perform daily functions of self-care or to protect himself from the hazards and dangers incident to his daily environment, nor is he housebound. Therefore, special monthly pension based on the need for regular aid and attendance or by reason of being housebound is denied.

The Board found that the veteran's death was not caused by his service-connected schizophrenia, but rather by non-service connected conditions such as intravenous drug abuse and diabetes mellitus.

The veteran's conditions, including his heart disease, cataracts, anxiety and fatigue, knee problems, gastrointestinal bleeding, and COPD, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claims for service connection for asbestosis and for a CUE in the August 1969 rating decision assigning a 20 percent rating for residuals of a gunshot wound to the left foot. The Board found no evidence of asbestosis, and determined that the August 1969 rating decision was not based on CUE.

The Board found no medical evidence linking the veteran's COPD or asthma to military service, and denied the claim for service connection for the cause of the veteran's death.

The veteran's claim for an evaluation in excess of 30 percent for his service-connected COPD was denied. He is now rated at 60 percent since September 9, 2002.

The Board found no evidence of mustard gas exposure during service and denied the veteran's claim for service connection for a lung disorder.

The Board found that the veteran's death was not caused by VA medical care, and denied the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claims for service connection for COPD and a stomach condition, to include colitis and hiatal hernia. The veteran's PTSD is rated at 30 percent.