COPD decisions — 2003

The veteran's service-connected conditions, including his shell fragment wounds and resulting complications, contributed to the cause of death due to COPD, congestive heart failure, and thoracic aortic aneurysm.

The Board has granted service connection for the cause of the veteran's death, finding that his service-connected conditions did not contribute to his death.

The Board denied the veteran's claim for service connection for a chronic respiratory disorder, including chronic obstructive pulmonary disease and emphysema, finding that his current respiratory problems were not incurred in or aggravated by active military service.

The Board has determined that the veteran does not have current tuberculosis, COPD or a cataract disability linked to service on any basis.

The Board denied the veteran's claims for service connection for cardiovascular disability, respiratory disability (including COPD), back disability, and diabetes mellitus as there was no evidence of a link between these conditions and his military service.

The Board has granted service connection for asbestosis and a calcified lung granuloma, but denied service connection for chronic obstructive pulmonary disease and bronchitis due to the veteran's smoking history.

The Board denied the veteran's claims for service connection for nicotine dependence and chronic obstructive pulmonary disease, finding that there was no evidence of nicotine dependence in service and that the veteran failed to report for a VA examination necessary to determine if his COPD resulted from smoking during service.

The Board denied service connection for the cause of the veteran's death, finding that COPD was not caused by any incident of service and was not related to tobacco use in service. The claim for DIC benefits under 38 U.S.C.A. § 1318 was also denied due to lack of a continuous period of ten years or more prior to his death where the veteran was rated totally disabled.

The Board has determined that the veteran's claims for evaluations in excess of 10 percent and 30 percent for COPD are denied as there is no evidence to support these ratings based on the applicable VA rating criteria.

The Board found that the veteran's vision problems, COPD, and residuals of pneumonia are not related to his service. The preponderance of evidence indicates these conditions were not incurred or aggravated by service.

The Board denied the veteran's petition to reopen his claim of service connection for COPD, finding that no new and material evidence had been submitted.

The VA determined that the appellant does not meet the criteria for an increased rate of special monthly pension due to her need of regular aid and attendance because she is not blind or nearly blind, is not a patient in a nursing home, and has not demonstrated an inability to care for most of her daily personal needs without regular assistance of another person.

The Board has determined that the veteran's death was caused by his nicotine dependence, which developed during service and contributed to his COPD. As a result, the cause of death is now considered service-connected.

The Board has granted an initial 100 percent rating for COPD effective from the date of entitlement to service connection.

The Board found that the veteran's respiratory disability, primarily diagnosed as chronic bronchitis and COPD, was clinically established in 1982. There is no competent evidence to support a link between his service and these conditions.

The Board has granted a 100 percent disability rating for service-connected asbestosis, with secondary pulmonary fibrosis and secondary moderate chronic obstructive pulmonary disease effective February 2, 2003.

The Board denied the veteran's claim for a rating in excess of 30 percent for asbestosis with COPD, finding that the evidence did not meet the criteria for such an increase during the appeal period.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the veteran's cause of death, chronic obstructive lung disease, was not caused by his in-service smoking and did not contribute to his death. The claim for Dependents' Educational Assistance (DEA) benefits was also denied.

The Board denied the claim for service connection for the cause of the veteran's death due to chronic obstructive pulmonary disease, concluding that there was no direct evidence supporting the appellant's claim and finding it speculative whether nicotine dependence started during service.