COPD decisions — 2004

The Board has determined that the veteran's current COPD may be related to his military service, including exposure to asbestos and smoking. However, further development is needed to clarify this relationship.

The Board denied the appellant's claims for service connection for the cause of her husband's death and entitlement to dependents' educational assistance under 38 U.S.C.A. Chapter 35 due to lack of evidence linking his death to service-connected conditions or asbestos exposure.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC under 38 U.S.C.A. § 1318, finding that the veteran's death was due to his use of tobacco products during service.

The Board denied service connection for bronchial asthma with COPD and the TDIU rating prior to September 1999, finding that there was no evidence showing a direct relationship between the veteran's conditions and his military service.

The Board found that the veteran's COPD is not secondary to his service-connected pulmonary asbestosis.

The Board has remanded the case due to conflicting evidence on whether the veteran's COPD is related to his service, and requests that additional medical records be obtained and a new opinion be provided.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any causes of his death to his military service or within any applicable presumption period.

The veteran's exposure to asbestos in service caused or contributed substantially and materially to his cause of death, which was respiratory failure due to pneumonia with significant contributions from asbestosis.

The Board found that a disability incurred in or aggravated by service neither caused nor contributed substantially or materially to cause the veteran's death.

The Board has remanded the case due to procedural deficiencies in VCAA notice and for further development of the evidence.

The Board found that the veteran's service-connected PTSD did not cause or contribute to his death, and thus denied the claim for service connection for the cause of the veteran's death.

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 found that the veteran's death was not caused by mustard gas exposure during service, and thus denied his claim for secondary service connection.

The VA determined that the veteran's respiratory disorder, including asthma and chronic obstructive pulmonary disease/reactive airway disease, is not related to his period of active military service.

The Board denied the claim of service connection for mesothelioma, chronic obstructive pulmonary disease, and coronary artery disease as these conditions were not shown to be related to military service or any presumptive exposure. The veteran's death was caused by mesothelioma with COPD listed as a contributing condition.

The Board found no competent medical evidence of a diagnosis of PTSD, and thus denied the veteran's claim for service connection for PTSD. The claim for service connection for COPD was not adjudicated as it is not part of the appeal.

The claim for DIC under 38 U.S.C.A. § 1318 was denied as the appellant's spouse did not meet the requirements of being continuously rated totally disabled for a period of 10 years or more immediately preceding her husband's death, or five or more years from the date of discharge from service.

The Board found that the veteran's cause of death, arteriosclerotic heart disease, was not related to his military service and denied the claim for service connection for the cause of death.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding no new and material evidence that would support reopening the claim.

The Board denied the veteran's claims for earlier effective dates for service connection and benefits due to lack of evidence showing a claim prior to September 9, 1997.