COPD decisions — 2003

The Board has remanded the case due to new evidence added since the SOC was issued, and the appellant is required to take no action unless otherwise notified.

The Board has granted the veteran's claim of service connection for COPD, finding that it is due to nicotine dependence related to cigarette smoking that began during his military service.

The veteran's claim for service connection for chronic obstructive pulmonary disease claimed as secondary to tobacco use in service is denied due to the bar on claims for disability compensation due to tobacco use during service.

The Board has denied service connection for COPD, hearing loss and tinnitus, hypertension, and residuals of a left hand injury. The evidence does not support the veteran's claims that these conditions were incurred or aggravated by his active duty service.,Service records do not show any respiratory issues, hearing problems, high blood pressure, or injuries to the left hand during service. The earliest signs of COPD, hearing loss, hypertension, and a history of injury to the left hand occurred many years after service.

The Board granted service connection for chronic bronchitis and COPD secondary to asbestos exposure, assigning a noncompensable evaluation which was later increased to 30 percent.

The Board found that the veteran's chronic obstructive pulmonary disease and pulmonary fibrosis, as well as his basal cell carcinoma, were not incurred or aggravated by active service. The evidence did not support a finding of radiation exposure during service.

The Board found that the veteran did not have a chronic respiratory disorder during service and there was no evidence of asbestos or Agent Orange exposure. The current respiratory disorders are not etiologically related to any injury or disease in service.

The Board has remanded the case for additional development due to new evidence and to ensure compliance with Veterans Claims Assistance Act of 2000 requirements.

The Board has decided to remand the case for additional development of evidence, including obtaining medical records and arranging for an examination by a board of two physicians.

The VA denied the veteran's claim for service connection for bronchitis, asthma, and COPD due to a lack of evidence showing these conditions were incurred in or aggravated by his military service. The VA also noted that smoking-related respiratory disorders are not service-connected under current law.

The Board has granted service connection for sleep disorder, depression and nervousness as an anxiety disorder related to Gulf War service. Service connection is also granted for shortness of breath due to Gulf War exposure.

The Board has determined that the veteran's emphysema and COPD are related to his service-connected nicotine dependence, and thus grants service connection for these conditions.

The VA denied the veteran's claim for service connection for lung disease, as claimed due to asbestos exposure, finding that there was no evidence linking his current condition to his military service.

The Board has granted service connection for bronchial asthma and COPD, effective from September 22, 2000.

The veteran's appeal is about service connection for COPD and asthma. The Board has determined that the only remaining issue is whether he should be granted service connection for these conditions. However, due to new regulations invalidated by a court decision, the case must be remanded back to the RO for further development of evidence and consideration under the VCAA.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and to provide additional development.

The Board found no medical evidence linking the veteran's COPD to service, including as secondary to exposure to asbestos in service. The claim for service connection was denied.

The Board denied the veteran's claim for an earlier effective date of November 2, 1993, for the grant of service connection for status post pneumonectomy due to lung cancer with COPD due to Agent Orange exposure.

The Board denied the veteran's claims for service connection for poliomyelitis and COPD, finding no evidence of a chronic disability resulting from his active military service. The COPD was determined to be due to tobacco use.

The Board found that COPD is linked to active service and granted the veteran's claim for service connection.