COPD decisions — 2002

The Board found that the veteran's nicotine dependence and resulting respiratory symptoms, including interstitial lung disease and COPD, were incurred in or aggravated by service. The initial evaluation for these conditions is granted at a 60 percent rating effective from October 7, 1996.

The Board found that the veteran's chronic obstructive pulmonary disease, consistent with asbestosis, is due to his exposure to asbestos during service and granted service connection for this condition.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted. The July 1998 rating decision was final based on the evidence then of record.

The Board denied service connection for the cause of the veteran's death and found that the appellant did not meet the eligibility criteria for Dependents Educational Assistance benefits. The appeal was dismissed.

The Board has determined that the veteran's COPD is secondary to nicotine dependence caused by tobacco use during military service, and grants the claim for service connection.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding no evidence linking his COPD, emphysema and cor pulmonale to his service or any incident therein. The Board also found no competent medical opinion etiologically linking nicotine dependence to his service.

The Board found that the veteran's death was not caused by a service-connected disability and denied both claims for service connection for the cause of death and entitlement to dependents' educational assistance benefits.

The Board found that the veteran's complaints of joint pain and fatigue are not attributable to an undiagnosed illness or any incident or event of active service.

The Board has determined that the veteran's death was not caused by or substantially contributed to by his service-connected conditions, including COPD and cardiovascular disease. The appellant's claim for service connection for the cause of the veteran's death is denied.

The Board finds that the veteran's COPD with recurrent spontaneous pneumothorax and spontaneous pneumothorax with shortness of breath are not related to service, including his active duty in the Persian Gulf War. The preponderance of evidence does not support these claims.

The VA denied the veteran's claims for increased evaluations of his thoracic spine fracture and bronchial asthma with chronic obstructive pulmonary disease (COPD). The current evaluations are deemed adequate.

The Board found that the cause of the veteran's death, end-stage COPD, was not related to his service-connected back disability and thus denied service connection for the cause of death.

The Board found that the appellant does not have verified service prior to March 1943, and thus denied his claim for service connection.

The RO denied service connection for the cause of the veteran's death in 1988, and the appellant did not appeal. The effective date for DIC benefits was determined to be April 20, 2001.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance or being housebound.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to lack of evidence linking the veteran's causes of death to his service.

The Board has denied the veteran's requests for restoration of a 100% evaluation and an increased rating for his service-connected lung cancer with chronic obstructive pulmonary disease due to Agent Orange exposure.

The Board has granted the veteran's claim for service connection for COPD as due to tobacco use in service, finding that his nicotine dependence acquired during service is considered a proximate cause of his current COPD.

The veteran's death was not due to VA hospital care, or medical or surgical treatment.

The Board found that the veteran's chronic respiratory disease, including chronic obstructive pulmonary disease and bronchitis, was not incurred in or aggravated by active service. The laryngitis and postoperative residuals of a deviated nasal septum were also denied.