COPD decisions — 2003

The veteran withdrew his appeals for the issues of entitlement to service connection for sleep apnea, temporary total evaluation under the provisions of 38 C.F.R. § 4.29 due to hospitalization for a service-connected disability in April 1999, and temporary total rating under the provisions of 38 C.F.R. § 4.30 for a period of convalescence following hospitalization in April 1999.

The Board is remanding the case to obtain terminal hospital records from Saint Edward Mercy Medical Center for the time period immediately preceding the veteran's death on March 22, 1999.

The Board has denied the veteran's claims for service connection for COPD, arteriosclerotic peripheral vascular disease, and asbestosis. The issue of a rating in excess of 50 percent for PTSD during the period from July 23, 1992, to April 5, 2000, remains pending.

The Board has granted service connection for a bilateral hip disorder, finding that it was incurred in or as a result of service. Service connection is also granted for the veteran's heart and respiratory conditions to include COPD, bullous disease, and residuals of a collapsed left lung, based on secondary service connection due to his arthritis of the lumbar spine.

The Board has reopened the veteran's claim for service connection for bronchitis and COPD, claiming these conditions as due to exposure to herbicides and printing press chemicals. New evidence submitted by the veteran indicates he was exposed to toxic chemicals while operating a printing press in Vietnam. The Board will proceed with further development to determine the etiology of any current respiratory disorder.

The Board has ordered further development due to the need for additional evidence and clarification of service records. The veteran's claim for service connection for chronic obstructive pulmonary disease is being remanded for additional development.

The Board has reopened the claim for service connection for emphysema and COPD as secondary to asbestos exposure, finding that new and material evidence has been presented. The veteran's current lung disorder is likely exacerbated by his exposure to asbestos during service.

The Board has decided to remand the case for additional development due to incorrect submission of medical records and to ensure all relevant evidence is obtained.

The veteran's death was caused by metastasis to the lung due to COPD, which is service-connected. However, as his death resulted from a disease attributable to tobacco use during service, DIC benefits are not payable.

The Board denied the appellant's claim of entitlement to service connection for cause of death, finding that no disorder which caused or contributed to the cause of the decedent's death was incurred in or aggravated by military service.

The Board denied the veteran's claim for service connection for a chronic lung disease due to asbestos exposure, finding that his current lung disorder is COPD and not related to service or any asbestos exposure.

The Board has determined that the veteran's current COPD is secondary to his service-connected schizophrenic reaction, and thus grants the claim for service connection.

The Board found no evidence linking the veteran's cause of death to his service, including exposure to asbestos or mustard gas. The Board concluded that the chronic obstructive pulmonary disease was not related to service and denied the claim for service connection for the cause of the veteran's death.

The Board has ordered further development due to pending issues and new evidence. The case is being sent back for additional examinations and consideration.

The Board has determined that further development is needed to determine if the veteran's lung disorder, including lung cancer and COPD, was incurred or aggravated by in-service exposure to asbestos and unidentified chemical agents during service in the Philippines.

The Board found that the veteran's cause of death, chronic obstructive pulmonary disease, was not incurred in or aggravated by active military service and did not contribute to his death. The claim for service connection for the cause of death is denied.

The veteran is in need of regular aid and attendance due to multiple disabilities, including COPD, colostomy due to colon cancer, ventral hernia, left shoulder disorder, and residuals of bladder cancer. As a result, he qualifies for special monthly pension benefits.

The veteran's daughter is seeking payment or reimbursement for medical expenses incurred at Samaritan Medical Center from March 2002 to April 2002. The NAO denied the claim under 38 U.S.C.A. § 1728, stating that the veteran was admitted due to a non-service-connected disability and not associated with or aggravating his service-connected condition.

The veteran's cause of death was attributed to methicillin-resistant staphylococcus infection of the respiratory tract and decubitus ulcer, both related to his service-connected COPD. The Board found that these conditions were not caused by or aggravated by any service-connected disability.

The Board has remanded the veteran's claims for increased ratings due to a need for additional development and examination.