COPD decisions — 2002

The Board denied the appellant's request for apportionment of her husband's nonservice-connected pension benefits, finding that she did not meet the criteria for dependency and that such apportionment would cause undue hardship to her estranged husband.

The veteran's service-connected psychiatric conditions and COPD did not contribute substantially or materially to his cause of death.

The Board has determined that the veteran's death was caused by chronic obstructive pulmonary disease (COPD), which is considered service-connected based on evidence showing it began during his military service.

The Board has determined that the veteran's lung cancer, which was due to herbicide exposure in service, contributed substantially and materially to his death. Service connection for the cause of death is granted.

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and emphysema, finding that his current conditions are not related to military service. The claim for PTSD was also denied as there is no verified stressor.

The veteran's nonservice-connected disabilities, including degenerative joint disease of the lumbar spine and bilateral wrist fractures, show him to be unable to obtain or retain substantially gainful employment. The Board grants a VA pension based on these conditions.

The veteran's claim for service connection for a pulmonary condition secondary to exposure to Agent Orange is denied as there is no evidence linking his current lung conditions with his military service or any incidents therein.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person was denied as he does not meet the legal requirements to receive such benefits.

The veteran's claims for service connection and compensation under 38 U.S.C. § 1151 have been denied as new and material evidence has not been submitted to reopen the claims.

The veteran's COPD is currently rated at 30 percent, which was granted in the initial decision. The RO increased this rating to 60 percent as of March 18, 1997.

The veteran's death was not caused by VA medical treatment, and the Board found that there is no evidence to suggest that the VA treatment led to any of the primary or contributory causes of his death.

The Board denied service connection for bullous emphysema and COPD, residuals of a head injury, and pain in the neck, shoulders, and legs due to lack of evidence linking these conditions to military service.

Service connection for residuals of an eye injury, skin disability of the feet (jungle rot), and chronic obstructive pulmonary disease due to Agent Orange exposure was denied.,The veteran's service records do not show any evidence of these conditions during or after his military service.

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

The Board denied the appellant's claim seeking an earlier effective date for her award of dependency and indemnity compensation, finding that the earliest possible effective date was October 31, 1996.

The Board has determined that the veteran's current COPD is related to his smoking habit during service, and thus granted service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for COPD as secondary to nicotine dependence. The veteran's testimony, medical records, and statements from family members support his contention that he developed a nicotine addiction in service and that this is the cause of his current COPD.

The Board has determined that the veteran's nicotine dependence, COPD, and bronchial asthma are not service-connected as they did not develop during his military service or due to an incident of service origin.

The Board denied the veteran's claim for service connection for the cause of his death due to chronic obstructive pulmonary disease, finding that it was not related to his military service and instead attributed to his long history of smoking.

The Board denied the claim for service connection for the cause of death due to a lack of evidence showing that any of the listed conditions are service-connected.