COPD decisions — 2004

The Board has remanded the case due to incomplete records and need for further development, including obtaining treatment records from VA and non-VA providers, as well as service personnel records. The appellant is asked to provide a history of her husband's employment, particularly related to asbestos exposure.

The veteran's claims for service connection are being remanded due to the need for additional medical evidence and development. The RO will obtain any relevant private treatment records, conduct VA examinations, and then readjudicate the claims.

The Board denied the veteran's claims for service connection for hypertension, tobacco and/or nicotine dependence, chronic obstructive pulmonary disease and emphysema, and a rating in excess of 30% for schizophrenia. The evidence did not establish that these conditions were incurred or aggravated by service.

The Board has determined that the veteran's chronic obstructive pulmonary disease is proximately due to his service-related nicotine dependence, and thus grants service connection for this condition.

The Board has found that additional development of evidence is required, including obtaining Social Security Administration records and service hospitalization records. The appeal will be remanded to the RO/AMC for further action.

The Board has remanded the case for additional development to determine if any service-connected disabilities caused or contributed substantially or materially to the veteran's death, including septic shock and bacteremia.

The Board found that the veteran does not have COPD or pulmonary fibrosis attributable to asbestos exposure during military service.

The appeal is being remanded to the RO for additional development, including providing VCAA notice and obtaining medical records. The veteran's service connection claims will be adjudicated after this process.

The Board denied the veteran's claim for service connection for the cause of his death due to COPD, bilateral pneumonia, and cardiovascular collapse. The appellant is also not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code.

The Board has determined that there is no current disability related to service for the veteran's low back injury and liver cysts. The veteran's claim for a low back disability due to in-service exposure to chemicals was denied as there is no evidence of a current herniated nucleus pulposus, and his liver cysts are not considered to be related to service.

The veteran's claim of service connection for a pulmonary disorder due to tobacco use is denied as the law precludes such claims filed after June 9, 1998. The Board also denies service connection for other pulmonary disorders and a constricted larynx based on lack of evidence supporting these claims.

The veteran was granted service connection for emphysema due to alpha one antitrypsin deficiency, with an evaluation of 100 percent disabling. The RO found that the disability for which he received OWCP benefits is the same as that for which he received VA compensation, thus creating an overpayment. The case was resolved in favor of the veteran regarding the validity of the indebtedness and waiver.

The Board denied the veteran's claim of entitlement to service connection for a pulmonary disorder, including asthma, as new and material evidence was not received.

The Board has remanded the case due to insufficient evidence regarding the presence of asbestos-related lung disease. The appellant's claim for service connection is pending and will be reviewed with all available medical records.

The Board has denied service connection for COPD and sleep apnea, both claimed as secondary to service-connected bronchial asthma. The VA examiner did not provide an opinion regarding the veteran's current diagnosis of sleep apnea.

The Board denied the veteran's claims of entitlement to service connection for a skin disorder of his hands and feet, gastrointestinal disability due to a stomach injury, cardiac disability, and respiratory disability. The Board found no evidence of chronic conditions in service or for many years thereafter.

The Board found that the veteran's COPD was not incurred in or aggravated by active service and denied his claim.

The Board found no evidence to support a causal relationship between the veteran's service, any service-connected condition, or his tobacco use during service and the cause of death. The Board denied the claim for service connection for the cause of death.

The Board found that the veteran's COPD is manifested by FEV-1 between 56 and 70 percent of predicted, FEV-1/FVC of between 56 to 70 percent of predicted, and DLCO of between 56 to 65 percent of predicted upon pulmonary testing. The criteria for an evaluation in excess of 30 percent for the service-connected COPD have not been met.

The veteran's death was caused by chronic obstructive pulmonary disease and coronary artery disease. The appellant contends that the cause of her father's death is related to his service-connected disability, pulmonary tuberculosis. Additional medical records are needed for a thorough evaluation.