COPD decisions — 2004

The Board found that the December 1997 rating decision did not contain clear and unmistakable error (CUE) in denying service connection for COPD secondary to tobacco use during military service.

The Board found that the service-connected ischemic heart disease did not contribute to the cause of death, which was due to emphysema and chronic obstructive pulmonary disease. Therefore, service connection for cause of death is denied.

The veteran's service-connected disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance due to his nonservice-connected conditions, which include COPD, hypertension, visual impairment, arthritis of the lumbar spine, and other chronic health issues.

The Board has remanded the case due to the need for clarification of evidence regarding the veteran's asbestos exposure during service and its relation to his diagnosed COPD.

The Board has dismissed the appeal due to the veteran withdrawing his appeal for service connection of COPD, and he was granted a TDIU instead.

The Board has determined that nicotine dependence and chronic obstructive pulmonary disease (COPD) were not incurred or aggravated during active military service.

The Board has determined that the veteran's current chronic obstructive pulmonary disorder is related to his in-service pneumonia, and thus grants service connection for this disability.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board has remanded the case due to inadequate examination results and clarification of outpatient oxygen therapy status.

The veteran's claim for enhanced DIC was denied as he did not have a service-connected disability rated totally disabling for at least eight years immediately preceding his death.

The Board found that the veteran's claimed conditions were not incurred or aggravated by active service and denied his claims for service connection.

The veteran's service-connected valvular disorders do not meet the criteria for a higher rating as they are not related to his current cardiovascular dysfunction, which is attributed to other conditions.

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease, an increased rating for arteriosclerotic cardiovascular disease with hypertension and congestive heart failure, a compensable rating for anxiety reaction, and a compensable evaluation for malaria. The evidence did not support secondary service connection for any of these conditions.

The Board has remanded the case due to failure to provide VCAA notice and for further development.

The Board denied the veteran's claims for earlier effective dates for increased disability ratings for COPD and TDIU, finding that the increase in severity of his condition did not occur prior to December 10, 2002.

The VA has determined that the veteran's lung disorders, including emphysema and COPD, are not related to his military service. The Board found no current evidence of a chronic respiratory disability.

The Board denied the veteran's claim for service connection for a lung disability based on exposure to ionizing radiation, finding that his chronic obstructive pulmonary disease was not related to service or any incident therein.

The Board found that the veteran's COPD is likely related to asbestos exposure during service, and granted service connection for this condition.

The Board found that the cause of the veteran's death was not related to any service-connected disability, and thus denied both claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance (DEA).

The Board has granted service connection for PTSD but denied the claim of entitlement to service connection for a chronic pulmonary disorder claimed as the result of Agent Orange exposure. The veteran's appeal is remanded due to incomplete records and need for further examination.