COPD decisions — 2004

The Board found that the veteran's lung disease, diagnosed as chronic obstructive pulmonary disease (COPD) and bronchitis, is not related to service or exposure to Agent Orange. The claim for secondary service connection was denied.

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for dependents' educational assistance benefits, finding that the veteran's heart and lung disabilities were not related to his military service.

The Board found that the evidence does not support service connection for COPD and hypertension, finding no medical opinion linking these conditions to active duty.

The VA determined that the veteran did not have full-body exposure to mustard gas during service and there is no evidence of a current COPD disability related to such exposure. The claim for service connection was denied.

The Board has determined that the veteran's service-connected post-traumatic encephalopathy contributed to his cause of death, which was due to cerebrovascular accident. As a result, the appeal for service connection for the cause of death is granted.

The Board found that the veteran's death was not caused by VA hospitalization and treatment, as the immediate cause of his death was pneumonia, which he had for days due to underlying COPD. The Board concluded that DIC under 38 U.S.C.A. § 1151 is not warranted.

The Board found that the veteran's death was not caused by service-connected conditions and denied dependency and indemnity compensation under 38 U.S.C.A. § 1151 due to lack of fault on VA's part.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his death, and thus denied the claim for service connection for cause of death.

The Board found that the veteran's claimed pulmonary disorder, including COPD and pulmonary fibrosis, was not incurred in or aggravated by active service. The decision also noted that there is no evidence of asbestos exposure during service and concluded that the current condition is more likely related to his long-term smoking habit.

The Board denied the veteran's claim for service connection for COPD as it did not find a secondary relationship between his service-connected residuals of a gunshot wound and his current COPD.

The Board has determined that the veteran's disabilities do not meet the criteria for an increased rate of pension based on need for regular aid and attendance or housebound status.

The Board denied the veteran's claims for service connection for COPD, a neurological disorder manifested as tic douloureux, and a visual disorder, finding no evidence of an etiological relationship between these conditions and either service or his service-connected otitis externa.

The Board of Veterans' Appeals has denied the appellant's claims for special monthly DIC based on the need for aid and attendance or housebound status due to her disabilities, finding that she does not meet the criteria for either benefit.

The Board found that the veteran's nicotine dependence, respiratory disabilities (emphysema and COPD), and heart disease were not incurred or aggravated by active service. The claims for these conditions are denied.

The Board found that the veteran's current diagnosis of chronic obstructive pulmonary disease (COPD) was not incurred during active military service and denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of COPD as secondary to his service-connected pulmonary tuberculosis, post right upper lobectomy. The most probative medical evidence does not show a direct link between the veteran's service-connected disability and his current COPD.

The Board denied the veteran's claim for service connection for COPD, finding no competent medical evidence linking his current condition to his military service.

The veteran's claims for increased ratings for COPD with emphysema, epididymitis of the left testicle, and cholecystectomy were denied as his conditions did not meet the criteria for higher disability ratings under the applicable rating criteria.

The Board denied the veteran's claim for service connection for COPD due to claimed exposure to aviation fuel fumes and/or mustard gas, finding that his COPD was not incurred in or aggravated by active service.

The Board has remanded the case for additional development, including obtaining a VA examination report and readjudicating the claims.