COPD decisions — 2003

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

The appellant's combined disability rating is 70%, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or at the housebound rate.

The Board found that the veteran does not have interstitial lung disease as a result of exposure to asbestos during active service and his chronic obstructive pulmonary disease, emphysema, chronic bronchitis, and bronchiectasis were not present during service or for many years thereafter and there is no causal link between these conditions and service.

The Board has granted the veteran's claim for service connection for COPD, but dismissed his claim for nicotine dependence due to a lack of legal basis. The issue regarding an earlier effective date for SMC is being remanded.

The Board has determined that the veteran's death was caused by his service-connected COPD and related conditions, including a pituitary tumor presumed to be due to exposure to Agent Orange. The claim is granted.

The veteran's death was not caused by a service-connected disability, and he did not have a total disability permanent in nature resulting from a service-connected disability. Therefore, his claims for service connection for the cause of death, DIC benefits, and Dependents' Educational Assistance were denied.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for DIC benefits, finding no new and material evidence to reopen the claim for service connection. The decision also noted that the veteran did not have a service-connected disability rated at 100 percent for ten years prior to his death.

The Board denied service connection for the cause of the veteran's death, finding that no service-connected disability caused or contributed to his death.

The Board found that the veteran's Substantive Appeal was timely filed, perfecting his appeal of the RO's November 1999 rating decision regarding service connection for a lung disorder due to asbestos exposure.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in service, including as a POW. The cause of death listed on his death certificate was cardio-pulmonary arrest due to aspiration pneumonia, chronic obstructive pulmonary disease, and ischemic heart disease.

The Board denied the appellant's claim of entitlement to service connection for COPD, finding that there was no medical evidence linking his current condition to his active military service.

The Board denied the veteran's claim for service connection for COPD, finding that his current condition did not begin during or as a result of his military service.

The Board denied service connection for the veteran's claimed conditions, including basal cell carcinoma of the left cheek, chronic obstructive pulmonary disease, liver disease, and sinus disability, all allegedly related to exposure to Agent Orange. The appeal is based on a presumption of service connection.

The Board has determined that the veteran's service connection claims for post-traumatic stress disorder and chronic obstructive pulmonary disease are mixed, with some issues granted and others not. The veteran served in Vietnam during the Vietnam era and is presumed to have been exposed to herbicides like Agent Orange. However, there is no conclusive evidence of a combat-related stressor for PTSD, and the VA has scheduled an examination to determine if this diagnosis can be supported by verified incidents. For COPD, the Board found that exposure to chemicals in Vietnam may have contributed to the veteran's condition.

The veteran's death was not due to a service-connected disability, and dependency and indemnity compensation is denied under the provisions of 38 U.S.C.A. § 1310.

The veteran died in May 1984 due to Cor Pulmonale with an onset of one year, caused by or as a consequence of severe chronic obstructive pulmonary disease. The Board found that the veteran was not entitled to DIC benefits under 38 U.S.C.A. § 1318 because he did not meet the criteria for receiving such benefits.

The Board found that there is insufficient evidence to establish service connection for nerve damage resulting from an in-service injury. The veteran's current nerve damage is not linked to his military service.

The Board has determined that the veteran's chronic respiratory/pulmonary disorder, including asthma and COPD, was incurred in service. The condition is presumed to have developed due to a pre-existing post-tubercular calcification or other reflection of tuberculosis exposure during service.

The Board denied the veteran's claims for service connection for COPD, emphysema, and prostate cancer as due to tobacco use in service, nicotine dependence, or secondary to nicotine dependence. The appeals were all denied.

The Board denied a compensable evaluation for the service-connected inactive pulmonary tuberculosis and denied service connection for chronic obstructive pulmonary disease as secondary to the service-connected inactive pulmonary tuberculosis.