COPD decisions — 2004

The Board has granted service connection for COPD and emphysema as secondary to asbestos exposure, but remanded the issues of hypertension, congestive heart failure (CHF), and osteoporosis due to potential relationship with newly service-connected conditions.

The Board has determined that the veteran's service-connected heart disease contributed to his death from non-service-connected COPD, and thus grants service connection for the cause of the veteran's death.

The Board found that the veteran's death was not caused by VA medical treatment and denied DIC benefits under 38 U.S.C.A. § 1151.

The veteran's claim for service connection for COPD, claimed as secondary to mustard gas exposure in Bari, Italy, is being remanded due to procedural issues and the need for additional evidence.

The veteran's service-connected post-traumatic stress disorder contributed to his death, and the Board has granted service connection for the cause of death.

The Board found that the veteran's death was not due to a disability of service origin and did not substantially or materially contribute to cause his death.

The Board has decided to remand the case for further development, including obtaining relevant medical records and ensuring compliance with VA's assistance requirements.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound is remanded due to unclear findings regarding his ability to care for himself and protect himself from daily hazards.

The Board has determined that the veteran's COPD and acquired low back disorder are service-connected, with nicotine dependence during service being considered a significant factor.

The Board found that the veteran's lung disability did not originate during active service and is not associated with any nicotine dependence or tobacco use in service, thus denying his claim for service connection.

The veteran's claims for increased ratings for hiatal hernia with reflux esophagitis, COPD, and plantar fasciitis of the left foot are being remanded to allow for additional development.

The Board found that the veteran's death was not caused by a disability incurred in or aggravated by service, and thus denied the claim for service connection for the cause of his death.

The Board denied the veteran's claim for an earlier effective date for his service connection and rating of chronic obstructive pulmonary disease, finding that no prior communication or action could be considered as an informal claim.

The veteran's need for aid and attendance due to service-connected conditions, specifically his cardiomyopathy and bilateral hearing loss, has been established. He is now entitled to a higher rate of special monthly compensation.

The Board denied the veteran's claim for an earlier effective date for service connection due to sarcoidosis with chronic obstructive pulmonary disease, finding that the earliest possible effective date is April 15, 1999.

The Board found that the veteran's cause of death, chronic obstructive pulmonary disease due to asthma, was not caused or contributed substantially or materially by any disability incurred in or aggravated by service.

The Board found no current medical diagnosis of asbestosis and concluded that the veteran's chronic obstructive pulmonary disease is not related to his active duty service or exposure to asbestos.

The Board found no evidence of the veteran's exposure to mustard gas or other vesicant agents during service, and thus denied his claim for service connection.

The Board found that the veteran's respiratory disability, including chronic obstructive pulmonary disease, was not incurred or aggravated by service and denied his claim for service connection.

The Board has determined that the veteran does not have a current diagnosis of diabetes mellitus or a respiratory disorder, and therefore service connection for these conditions is denied.