COPD decisions — 2003

The Board found that the veteran's COPD and nicotine dependence are not related to his military service, as there is no evidence of these conditions during or shortly after service. The decision denies both claims.

The Board has determined that the veteran's chronic pulmonary disability, diagnosed as COPD, is not related to his service-connected asbestos exposure or Agent Orange herbicide exposure. The claim was denied due to lack of evidence supporting a connection.

The Board denied the application to reopen the claim for service connection for the cause of death and also denied accrued benefits based on the veteran's lifetime claim under 38 U.S.C.A. § 1151 due to lack of new and material evidence.

The Board has determined that the veteran's sarcoidosis with inactive pulmonary tuberculosis and chronic obstructive pulmonary disease does not meet the criteria for a disability rating higher than the currently assigned 60 percent.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability, and thus denied entitlement to service connection for the cause of his death. The appellant also failed to meet the requirements for Dependency and Indemnity Compensation under Title 38, United States Code, Section 1151.

The Board has reopened the veteran's claim for service connection for a lung disorder, to include pulmonary tuberculosis and the residuals thereof. The issue of entitlement to compensation benefits pursuant to 38 U.S.C.A. § 1151 for a lung disability due to surgical treatment received at a VA Medical facility is also pending.

The Board finds that the appellant's chronic obstructive pulmonary disease was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Board has determined that the veteran's seizure disorder is not service-connected and does not meet the criteria for pension eligibility based on unemployability due to non-service connected disabilities. The veteran was denied both claims.

The veteran's claim for service connection for chronic obstructive pulmonary disease due to smoking tobacco during service was denied as a matter of law because the claim was filed after June 9, 1998.

The Board has determined that the veteran's claims for service connection for hypertension, heart disease, COPD, and asthma/bronchitis cannot be granted as they are not shown to have been incurred or aggravated during active duty. The veteran's current conditions are considered to be due to his own use of tobacco products.

The Board has granted service connection for chronic obstructive pulmonary disease, finding that the veteran's current respiratory disability is a continuation of his in-service respiratory problems and linking it to military service.

The Board of Veterans' Appeals has granted the veteran's claim for service connection for a pulmonary disorder, including COPD and emphysema with alpha 1 antitrypsin deficiency. The decision is based on evidence that supports the direct relationship between the veteran's current conditions and his military service.

The Board denied the veteran's claims for service connection for COPD and maculopathy/asteroid hyalosis of the right eye, both claimed as due to exposure to mustard gas. The evidence did not establish that these conditions were incurred or aggravated by service.

The Board found that the veteran's current COPD is due, in part, to his in-service cigarette smoking and granted service connection for COPD.

The VA does not grant payment or reimbursement for unauthorized private medical expenses incurred by the veteran between March 17, 1999 and April [redacted], 1999 due to lack of authorization.

The veteran's chronic disabilities, including hypertension, COPD, right elbow and low back conditions, prevent him from engaging in substantially gainful employment consistent with his age, education, and work history. The Board has determined that the criteria for a permanent and total disability rating for non-service-connected pension purposes are met.

The Board is remanding the veteran's claims for service connection, increased ratings, and TDIU due to incomplete development of evidence.

The veteran's death was caused by chronic obstructive pulmonary disease, which is linked to smoking due to post-traumatic stress disorder. The Board has granted service connection for the cause of death and therefore grants DIC benefits under 38 U.S.C.A. § 1310.

The Board found that the veteran's COPD was incurred as a result of smoking during service, while esophageal cancer was not related to his military service.

The case is being remanded to obtain verification of the veteran's service between February 1946 and September 1954, retiree medical records from Barksdale Air Force Base, and a VA pulmonary specialist opinion on whether the veteran's smoking during service alone caused his later developing chronic obstructive pulmonary disease.