COPD decisions — 2004

The Board found that the veteran's COPD was not incurred as a result of his service-connected bronchiectasis and denied his claim for service connection.

The Board has determined that the veteran's back, respiratory, and cardiac disabilities were not incurred or aggravated by service. The hypertension was also not related to service.

The Board denied the veteran's claim for an increased rating of his autoimmune disorder with COPD and multiple joint swelling, as it did not meet the criteria for a higher rating.

The Board has remanded the case due to procedural issues, including VCAA notification requirements and clarification of the veteran's claims.

The Board found no evidence of asbestos exposure during service and concluded that the veteran's current respiratory disability, including COPD, is not related to his military service.

The veteran's cause of death was not service-connected, and the appellant's claim for non-service connected death pension benefits is denied.

The veteran's COPD was initially evaluated at 60 percent effective August 28, 2001. The RO granted this evaluation based on the results of pulmonary function tests showing FEV-1 between 51 to 78 percent predicted and a FEV-1/FVC ratio between 61 to 128 percent.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied service connection for the cause of death. The claim for DIC benefits under 38 U.S.C.A. § 1318 was also denied as there was no evidence showing continuous total service-connected disability rating prior to death.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the veteran's death, which was denied in February 1999. The appellant has provided medical records showing treatment for COPD but these are not considered sufficient to establish a link between service and the cause of death.

The VA denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 due to lack of evidence showing that his claimed conditions were caused by VA hospitalization and medical treatment.

The Board denied the claim to reopen the service connection for a lung disability, finding that new and material evidence was not submitted. The veteran's arguments were based on his belief that he had an infection in service which led to his current condition.

The Board has determined that the veteran does not have nicotine dependence caused or aggravated by his service, and that his emphysema and COPD are not due to nicotine dependence incurred during active military service.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Board denied the veteran's claim for service connection for the cause of his death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 due to lack of entitlement based on total disability rating requirements.

The Board found that the veteran's COPD was not incurred in service and denied his claim for service connection.

The Board has remanded the case due to unclear medical evidence regarding the nature and etiology of the veteran's respiratory disorder, including a lack of clarity on whether it is related to service exposure to asbestos. The claim will be returned for further evaluation.

The VA Board of Veterans' Appeals found that there is no evidence to support the claim for service connection for COPD, as it was not incurred or aggravated by wartime service due to cigarette smoking and/or nicotine dependence acquired during active service.

The Board denied the veteran's claims for service connection for asbestosis, coronary artery disease (CAD), left foot and left big toe disorders, and right elbow disorder. The evidence did not establish a direct link between these conditions and his military service.

The Board denied service connection for the cause of the veteran's death, concluding that there was no clear and unmistakable error in the 1996 rating decision. The evidence did not show a causal relationship between the veteran's service-connected asthma and his death or any other condition listed on his death certificate.

The veteran's appeal includes claims for service connection for various conditions, including coronary artery disease, angina pectoris, congestive heart failure, hypertension, COPD, gastroesophageal reflux, sarcoidosis cyst of the left adrenal gland, splenic cystic lesion, kidney cystic lesion, organomegaly, spinal cord tumor, spinal injury, foot drop, claw foot, hammertoes, gunshot wound residuals, and nephritis. The appeal is being remanded for additional development.