COPD decisions — 2002

The Board found no competent evidence linking the veteran's death to any incident of active military duty, and thus denied service connection for the cause of the veteran's death.

The Board has determined that the veteran developed nicotine dependence during service, which led to his current diagnosis of emphysema/COPD. As a result, the claim for service connection is granted.

The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence. The cause of death was COPD, which is not considered a service-connected disability as it resulted from tobacco use during service. As such, service connection cannot be granted. However, the appellant remains eligible for dependents' educational assistance under 38 U.S.C. Chapter 35.

The Board denied the veteran's claims for service connection for the cause of his death and entitlement to dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1318, finding that there was no evidence linking the causes of death (ischemic heart disease and COPD) to service.

The Board granted the reopening of a claim for service connection for a psychoneurotic disorder and denied claims for service connection for cardiac disorder and COPD.

The veteran's service connection claim for chronic obstructive pulmonary disease (COPD) is granted as there was a demonstrated relationship between his active service and the current condition, supported by medical evidence.

The Board found that the veteran's current COPD is not causally related to his service and denied his claim for service connection.

The Board has determined that the veteran's claims for a compensable evaluation for pulmonary tuberculosis and service connection for COPD are denied. The veteran does not have active pulmonary tuberculosis, and there is no evidence of an etiological relationship between his COPD and either service or a service-connected disability.

The Board has reopened the veteran's claim of service connection for bronchitis and determined that it is related to his in-service respiratory symptoms. The Board also found that his current pulmonary disorders (COPD, emphysema) and cardiovascular disorder (congestive heart failure and cardiac arrhythmia) are proximately related to his chronic bronchitis.

The Board has granted a rating of 60 percent for chronic obstructive pulmonary disease with emphysema, bronchitis, and asthma from October 1, 1993 to December 10, 1996.

The veteran's COPD with bronchial asthma is currently rated as 60 percent disabling, and the evidence does not support a higher rating.

The Board denied the veteran's claim for compensation under section 1151 for COPD due to treatment received from February to June 1996 at a VA Medical Center and CBOPC, finding that his COPD was not caused by this treatment.

The Board denied the veteran's claims of service connection for bronchitis and COPD, finding no evidence linking these conditions to his military service. The claim for nicotine dependence was also denied as there is insufficient medical evidence showing a causal relationship between nicotine dependence and service.

The Board denied the veteran's claims for service connection for COPD, circulatory problems, and a back condition as secondary to nicotine dependence. The basic eligibility for educational benefits under 38 U.S.C. Chapter 35 was also denied.

The Board has granted service connection for COPD, but denied the veteran's claims for higher initial ratings for residuals of pneumothorax and a compensable rating for residuals of fracture of the 9th rib.

The veteran's skin disorder, memory loss, eye disorder, lung disorder, and stomach disorder have not been linked to his service. The Board found that the veteran does not meet the criteria for an undiagnosed illness due to Gulf War service. His current conditions are considered direct service connection cases.

The veteran's lung disability was not shown during service or until years thereafter, and is not etiologically related to service. Therefore, the claim for service connection for COPD with emphysema is denied.

The Board has determined that the veteran did not timely file a substantive appeal regarding his claim of service connection for a lung disorder, including chronic obstructive pulmonary disease due to asbestos exposure. As a result, the appeal is denied.

The Board denied service connection for the cause of death due to diabetes mellitus and COPD, with other significant conditions contributing to death but not related to the underlying cause.

The Board has granted a 60 percent rating for COPD with history of sarcoidosis, finding that the evidence supports this level of disability based on recent pulmonary function test results.