COPD decisions — 2004

The Board denied the veteran's claims of service connection for alcoholism, peripheral neuropathy secondary to alcoholism, a sleep disorder, dysthymia, and COPD. The denial is based on the provisions of 38 U.S.C.A. § 105(a) and 38 C.F.R. § 3.301 which prohibit compensation for disabilities resulting from willful misconduct or abuse of alcohol or drugs.

The Board denied service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that there was no medical evidence linking any service-connected disability to his death.

The Board has denied the veteran's claim of service connection for a respiratory disability, including COPD and asthma, as these conditions are not related to his military service.

The Board has granted service connection for COPD, finding that the condition is likely related to the veteran's period of active duty.

The Board has determined that additional VA and private medical records are needed to fully evaluate the veteran's claim for service connection for a respiratory disability, including asthma, emphysema, COPD, and asbestosis. The RO is also instructed to verify the identity of the veteran and obtain any relevant service personnel and medical records.

The Board has determined that further development is needed to determine if the veteran meets the criteria for service connection for PTSD, coronary artery disease, and chronic obstructive pulmonary disorder. The claims are being remanded to allow for additional evidence collection and a VA examination.

The veteran's service-connected chronic obstructive pulmonary disease was evaluated at a 30 percent rating prior to December 21, 2000 and from January 1, 2003. The case is considered 'mixed' as some issues were granted (prior to December 21, 2000) while others were not (from January 1, 2003).

The veteran's claims for service connection for various conditions were denied as there is no evidence to support a link between these conditions and his military service.

The Board denied the veteran's claims of entitlement to service connection for coronary artery disease and chronic obstructive pulmonary disease, finding that these conditions were not incurred or aggravated in active service.

The Board has ordered additional development of the record to determine if the veteran's respiratory disability and heart murmur are related to service, including exposure to asbestos. The case will be returned for further consideration.

The Board denied the claim for service connection for the cause of the veteran's death due to COPD, finding that there was no evidence linking COPD to the veteran's service or any other established event, injury, or disease in service. The Board also found that COPD is not a condition presumed related to herbicide exposure.

The Board has remanded the case due to incomplete service records and a need for further development of evidence regarding the veteran's exposure to mustard gas during World War II.

The Board granted an effective date of December 23, 1998 for a 100 percent rating for PTSD.

The Board has reopened the claim for service connection for double pneumonia and granted it. The claims for COPD and scarring of the lungs were also granted, with COPD being determined to be related to service due to its chronic nature and history of exacerbations. Service connection was established for all conditions based on direct evidence.

The Board has determined that the veteran's current respiratory disorder, diagnosed as chronic obstructive pulmonary disease (COPD), was not incurred in or aggravated by his active military service.

The VA determined that none of the veteran's service-connected conditions caused or contributed to his death.

The veteran's claims for PTSD, disability manifested by a lump in the chest, COPD, and arthritis were denied as they are not related to service or any presumptive exposure.

The Board has remanded the case due to the need for additional VA and private medical records, as well as for the veteran to provide authorization for these records.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a lung disorder, specifically bronchiectasis. The medical opinion provided indicates that the veteran's pre-existing pneumonia during service accelerated his existing bronchiectasis, necessitating a lobectomy of the left lower lobe of the lung.

The Board finds that the appellant's currently diagnosed respiratory disorder, back disability, and degenerative joint disease of the cervical spine are not related to his military service.