COPD decisions — 2003

The Board found no evidence linking the veteran's death to any service-connected condition or a presumptive exposure basis, and denied the claim for service connection for the cause of death.

The Board has granted service connection for a right knee disorder and denied service connection for COPD.

The Board granted service connection for asbestosis with chronic obstructive pulmonary disease and assigned a noncompensable disability evaluation, but the veteran contends that his condition warrants a higher rating.

The Board denied the veteran's claim for service connection for COPD, finding that it was not incurred in or aggravated during military service and that tobacco use caused the condition.

The Board has granted the veteran's claim of entitlement to service connection for a pulmonary disorder, including emphysema and COPD, as secondary to his service-connected sinusitis. The veteran's tinnitus claim is remanded for further review.

The veteran's service-connected disabilities do not render him unemployable, and his combined rating for these two conditions is 60 percent.

The Board found that the veteran's COPD was not incurred in or aggravated by service and is not related to exposure to asbestos, mustard gas, or any other known causative factors. The claim for service connection on a direct basis or as secondary to residuals of a shell fragment wound was denied due to lack of evidence linking the current condition to service. The claims based on tobacco use and nicotine dependence were also denied under the provisions of 38 U.S.C.A. § 1103, which prohibits service connection for disability resulting from disease or injury attributable to the use of tobacco products during active service. Claims based on exposure to mustard gas were denied due to lack of full-body exposure to mustard gas during active service.

The veteran's claim for special monthly pension based on need for aid and attendance or being housebound is denied as he does not meet the criteria for either condition.

The Board denied the veteran's claim of entitlement to service connection for a pulmonary disorder, including spontaneous right-sided pneumothorax, possible ruptured emphysematous bleb, and chronic obstructive pulmonary disease, as it found no evidence that his current condition is related to service or nicotine dependence in service.

The veteran's claim for service connection for COPD and emphysema is being remanded due to the need for additional medical opinions regarding the onset of his conditions during active service, their relationship to any in-service disease or injury (including exposure to asbestos), and whether they are related to his service-connected asbestosis.

The Board found that the veteran's current conditions, including left ear hearing loss, chronic obstructive pulmonary disease with chronic bronchitis, perforation of right tympanic membrane, and arteriosclerotic heart disease, are not related to his active duty service. The claims for these conditions were denied as there is no evidence linking them to service.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has denied the veteran's claims for service connection for chronic obstructive pulmonary disease and hypertension, finding that there is no evidence of nicotine dependence or chemical addiction to nicotine during service.

The Board found that the veteran's rhinitis, sinusitis, and COPD are not service-connected. The nasal fracture residuals do not warrant an increased rating.

The Board denied service connection for chronic obstructive pulmonary disease and dysentery, finding that the veteran's conditions were not incurred in or aggravated by active service.

The Board has ordered additional medical records to be obtained in order to determine if the veteran's service-connected epilepsy contributed to his death, which would potentially allow for a finding of service connection.

The Board denied the veteran's claim for service connection for a chronic pulmonary disorder, including bronchitis, asthma, and COPD, finding that there was no evidence of exposure to mustard gas during service and thus no basis for presumptive service connection. The Board also found that his current lung problems were not related to service.

The Board denied service connection for the cause of death and denied dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's claim for service connection for COPD due to exposure to aviation fuel fumes and/or mustard gas is inextricably intertwined with a previously denied claim. The case was remanded for additional development, including obtaining a medical opinion on whether exposure to fuel fumes caused COPD.

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.