COPD decisions — 2002

The veteran's service-connected arteriosclerotic heart disease with hypertension, which was rated at 100% disabling from June 9, 1997 and reduced to 60% in August 1, 1998 due to reduction in service-connected disability rating, allowed the appellant to receive special monthly compensation based on additional independent 100 percent disability for purposes of accrued benefits.

The Board found that VA's care and treatment did not cause the veteran's death, as there was no evidence of negligence or fault on the part of VA in providing medical care. The appellant's claims were denied.

The Board found that the veteran's fatal conditions, including cardiopulmonary arrest, severe coronary artery disease, severe peripheral vascular disease, and chronic obstructive pulmonary disease, did not have their onset during service or within a year of separation. The Board concluded that these conditions were not caused by or incident to his military service.

The Board has reopened the claim for service connection for bilateral hearing loss and granted a compensable rating of 10 percent for COPD prior to January 21, 2002. The claims for tinnitus, sinusitis, hemorrhoids, and allergic rhinitis were denied.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability. Additionally, the VA did not commit any negligence in providing care during the veteran's last hospitalization.

The Board has determined that the veteran's COPD was not incurred or aggravated by service and is not related to any inservice respiratory problems. The VA examiner found no nexus between the current COPD and service.

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

The Board denied service connection for COPD as being proximately due to or the result of the service connected left pleural cavity injury and denied reopening a claim of entitlement to service connection for a pilonidal cyst.

The Board denied the veteran's claims of service connection for nicotine dependence, hypertension, and COPD as secondary to nicotine dependence due to the prohibition on such claims under 38 U.S.C.A. § 1103.

The Board denied the appellant's claims for service connection for the cause of the veteran's death due to nicotine dependence and in-service tobacco use, as well as her eligibility for Chapter 35 benefits based on a grant of such service connection. The decision was made because the claim was received after June 9, 1998, when new legislation prohibited VA compensation for disabilities attributable to tobacco use during service.

The Board denied the veteran's claim for service connection for cause of death due to COPD, finding that it did not meet the criteria as a direct result of service.

The Board has determined that the veteran's COPD is not related to his service, including exposure to herbicides. The claim for service connection was denied.

The Board has restored the veteran's 60 percent disability evaluation for his chronic bronchial asthma, effective from when it was last reduced to 10 percent in December 1997.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board found that the veteran's COPD is manifested by no more than forced expiratory volume in one second (FEV1)/forced vital capacity (FVC) of 80 percent of predicted and otherwise mild symptomatology, warranting a 10% evaluation.

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and adenocarcinoma of the right upper lobe, finding that there was no evidence to support a link between these conditions and his military service.

The Board has determined that the veteran's death was caused by his service-connected COPD, emphysema, and hypoxemia, which were found to be due to nicotine dependence developed during his military service.

The Board found that the veteran's respiratory disorders, including COPD, emphysema and asthma, were not incurred in or aggravated by active service.

The veteran died of right ventricular failure due to or as a consequence of cor pulmonale, COPD, and arteriosclerosis. The cause of death was not service-connected, nor did the veteran have a permanent total service-connected disability at the time of his death. Therefore, the claim for service connection for cause of death is denied, and the eligibility for Dependent's Educational Assistance (DEA) is also denied.

The Board has determined that the veteran does not have COPD or interstitial disease related to his period of service, and there is no evidence linking stomach disorders (including hiatal hernia, GERD, and diverticulosis) to his period of active duty. Therefore, service connection for these conditions is denied.