COPD decisions — 2004

The Board denied the veteran's claims of service connection for COPD as secondary to tobacco use and his claim for a compensable evaluation for left spontaneous pneumothorax. The decision found that the veteran filed his claim after June 9, 1998, which precluded him from receiving service connection based on the Veterans' Claims Assistance Act of 2000 (VCAA).

The Board is remanding the case for additional development, including verifying the locations of the USS Mount Olympus and USS Fremont during the veteran's service, to determine if he was exposed to asbestos in service.

The Board found that the veteran's service or a service-connected disability did not cause or contribute substantially to his death due to cardiopulmonary arrest resulting from multiple conditions, including heart disease and Alzheimer's dementia.

The Board has reopened the veteran's claim of entitlement to service connection for asbestosis related disease, including asbestosis and chronic obstructive pulmonary disease, due to asbestos exposure during service. The claim is now pending for further adjudication.

The Board found that the appellant's current COPD is not related to his active military service and denied his claim for service connection.

The Board has remanded the veteran's claims due to incomplete records and the need for additional medical opinions regarding his skin cancer.

The veteran's bilateral hammertoes of the feet were not incurred or aggravated by service. However, his respiratory condition (COPD) was granted as it is related to his smoking history and pre-service lung issues.

The Board denied the veteran's claim for service connection for emphysema and chronic obstructive pulmonary disease, finding that his claim was filed after June 9, 1998, when a prohibition on benefits for disabilities attributable to tobacco use in service took effect. The decision also noted that while the veteran claimed his condition was due to cigarette smoking during service, there were no medical records indicating such an injury or disease occurred during active duty.

The Board has remanded the veteran's claims for hepatitis C and COPD secondary to asbestos exposure due to incomplete development of the record, including obtaining treatment records from VA Medical Center in Temple, Texas, and a private hospital. The RO is also instructed to secure medical opinions regarding the etiology of the veteran's claimed conditions.

The veteran's appeal is being remanded for additional development, including VA examinations and medical opinions regarding the etiology of his claimed conditions. The claims will be reconsidered based on all applicable laws and regulations.

The veteran's claims for service connection are being remanded due to the need for additional development and evidence.

The veteran is seeking service connection for various conditions, including PTSD, diabetes mellitus, hypertension, coronary artery disease, diabetic retinopathy, and chronic obstructive pulmonary disease. The case is being remanded to obtain additional medical records and verify the veteran's claimed Vietnam-era exposure.

The Board has reopened the previously denied claim of entitlement to service connection for asthma and granted it, with the issue of service connection for a respiratory disorder including asthma and COPD being addressed in the remand portion.

The Board has determined that additional development is needed to determine if the veteran's death was caused by his service-connected condition, and whether he is entitled to DIC and DEA benefits.

The Board found that the veteran's COPD is not related to his service, including exposure to asbestos. The COPD was attributed to smoking and not due to asbestos exposure.

The Board found that the cause of the veteran's death was not service-connected, as there is no evidence linking his COPD to military service or asbestos exposure.

The veteran requested to withdraw his appeal, which the Board accepted.

The Board denied the claims of entitlement to service connection for shrapnel wound to the back, bilateral hearing loss, residuals of a cold weather injury, and PTSD. The claim of entitlement to service connection for a respiratory disorder, including chronic obstructive pulmonary disease and asbestosis, is addressed in the REMAND portion of the decision.

The Board denied the veteran's claim for service connection for COPD, finding that there was no evidence of a chronic respiratory disorder in service and noting that post-service treatment began over 20 years after discharge. The Board also found that there is no current specific statutory guidance on asbestos exposure claims.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death. The medical evidence does not show that his end-stage COPD/emphysema had its origins in service, and there is no indication of a connection between his lung cancer and his service.