COPD decisions — 2003

The Board found that the veteran's cause of death, ventricular fibrillation and COPD, was not incurred in or aggravated by active service. The Board also determined that a service-connected disability did not substantially or materially contribute to cause his death.

The veteran's service-connected bilateral hernia repairs and COPD/bronchitis with past pneumonia have been granted initial noncompensable ratings.

The Board has ordered further development in your case due to pending issues and evidence. Your case was sent to the Board's Evidence Development Unit for additional development.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claims for service connection for COPD, liver and pancreas masses, and residuals of left kidney carcinoma with nephrectomy and renal failure. The RO decisions denying these claims were final.

The Board has granted an effective date of January 13, 2003 for a 100% rating for COPD, based on the fact that the veteran met the criteria for such a rating as of February 6, 1997.

The veteran's claim for service connection for COPD is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board has determined that additional development is needed due to new evidence submitted by the appellant, and the case is being remanded for further review.

The Board denied the veteran's claims for service connection for peripheral neuropathy, arteriosclerosis obliterans, residuals of transmetatarsal amputations of the left foot, COPD, and hyperuricemia, all claimed as diseases associated with herbicide exposure. The appeal is based on a lack of evidence supporting these conditions or their association with service.

The VA Regional Office (RO) denied the veteran's claims for service connection for chronic obstructive pulmonary disease, hearing loss, and refractive error. The RO granted service connection for post-traumatic stress disorder.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other legal requirements. The veteran's claims for service connection, a higher rating, and benefits under 38 U.S.C.A. 1160 are pending.

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

The Board found that a chronic lung disability was not incurred in or aggravated by the veteran's active duty service, nor may it be presumed to have been incurred in or aggravated by such service.

The Board has determined that the veteran's respiratory disorder, including asthma and chronic obstructive pulmonary disease, was not incurred or aggravated during his active service. The residuals of burns to the hands and face were also not found to be related to service.

The Board has ordered further development due to pending issues and is remanding the case back to the Regional Office for additional consideration.

The Board denied the veteran's claims for service connection for a pulmonary disorder and an increased rating for PTSD. The Board found that there was no evidence of mustard gas exposure during service, and concluded that any current pulmonary disability is not related to service or mustard gas exposure.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining medical records and arranging a special VA examination.

The Board denied the veteran's claim to reopen his service connection for COPD, finding that new and material evidence had not been presented.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to COPD, finding that it was attributable to his nicotine dependence. The issue of eligibility for Dependents' Educational Assistance benefits was also denied.

The Board has denied the veteran's claims for service connection for COPD with emphysema and chronic bronchitis, as well as his claim to reopen a previously denied claim of service connection for hypertension and heart disease secondary to PTSD. The evidence does not support a finding that these conditions are related to service or service-connected disabilities.

The Board found that the veteran's death was not caused by VA hospitalization or medical treatment, and thus denied the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151.