COPD decisions — 2002

The veteran withdrew his appeal, leaving only the issue of headaches to be considered. The other issues have not been developed for review.

The Board has determined that the veteran's COPD was not incurred in or aggravated by service, and his right inguinal hernia residuals are currently rated at 10%.

The Board denied service connection for COPD, finding that the veteran's current respiratory condition is not related to an incident of service, including exposure to asbestos or other hazardous material.

The Board denied the appellant's claim for service connection for the cause of her husband's death, concluding that there was no evidence to support a finding that his fatal lung disease was caused by any incident of service.

The Board found that the veteran's COPD was not incurred in or aggravated during his active service and denied his claim for service connection.

The Board denied the veteran's claim for service connection for chronic obstructive pulmonary disease due to nicotine dependence as accrued benefits, finding that COPD was not incurred in or aggravated by his active service and that nicotine dependence did not result from tobacco use during service.

The Board has determined that the veteran's COPD is due to nicotine dependence incurred during service, and thus grants service connection for this condition.

The Board found that the veteran's service-connected PTSD did not cause or contribute to his death due to hypoxia and COPD. The VA psychiatrist concluded that there was no connection between the veteran's apparent delirium at the time of his death and his PTSD.

The Board denied the veteran's claims for service connection for nicotine dependence and increased ratings for his PTSD and sensitive scar on the right thigh. The veteran's claim for nicotine dependence was precluded as a matter of law due to the VCAA provisions, while the other issues were denied based on the evidence presented.

The VA physician concluded that the veteran's death was due to a cardiac disability, rather than respiratory failure of any cause. The Board finds this opinion more persuasive and concludes that there is no nexus between the veteran's death and his service-connected spine disability.

The Board has determined that the veteran's service-connected gunshot wound residuals contributed substantially or materially to his death, resulting in respiratory failure and pneumonia.

The Board denied the appellant's claim of service connection for the cause of the veteran's death, finding that while COPD was related to tobacco use in service, it did not materially contribute to his death. The primary cause of death was determined to be aspiration pneumonia due to an intracerebral hemorrhage.

The veteran's death was not caused by any service-connected disability, and the causes of death listed on his death certificate were not related to his active service.

The Board found that the veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has determined that the veteran's death was caused by end stage chronic obstructive pulmonary disease, which is service-connected due to his nicotine dependence developed during military service. The Board granted the claim of service connection for the cause of the veteran's death.

The veteran's lung disease, including chronic obstructive pulmonary disease, is being remanded for further development and consideration.

The Board denied the veteran's claim for service connection for chronic obstructive pulmonary disease, finding that there was no evidence linking it to his military service.

The Board denied the veteran's claims for an increased rating for cervical degenerative joint disease and a total disability rating based on individual unemployability.

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

The veteran's claim for earlier effective date of May 30, 2000 for special monthly pension based on housebound status was granted. The decision also confirmed his entitlement to special monthly pension based on the need for regular aid and attendance as of February 4, 1997.