COPD decisions — 2005

The Board found that the veteran's claimed conditions (arthritis, heart disorder, residuals of polio, and COPD) are not due to disease or injury in service, including exposure to ionizing radiation. The claims were denied.

The Board denied the veteran's claim of service connection for COPD, finding that new and material evidence had not been submitted to reopen his previous denial. The appeal is based on a reopening of the claim.

The Board has denied the veteran's claim of service connection for chronic obstructive pulmonary disease, finding no evidence to support a direct or presumptive basis.

The veteran's death was not due to a service-connected condition, and therefore, burial benefits based on service connection for the cause of his death are denied.

The Board denied the appellant's claim of entitlement to DIC under 38 U.S.C.A. § 1151, finding that VA did not fail to diagnose or treat a pre-existing condition in a timely manner and that the veteran's death was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance or fault on the part of VA.

The Board denied the veteran's claim for an increased rating of his chronic obstructive pulmonary disorder with pulmonary histoplasmosis, as his condition did not meet the criteria for a higher rating.

The Board has determined that the veteran's COPD is proximately due to and/or the result of his service-connected nicotine dependence, which began in service. Therefore, service connection for COPD is granted.

The Board has remanded the case due to a need for additional VA assistance in obtaining relevant medical records, including those from the Tuscaloosa and Birmingham VA Medical Centers, Dr. Jerry V. Mosley, and Ridgeview Health Care Center.

The Board found that the veteran's death was not caused or contributed to by any service-connected disability, and denied both claims for service connection for cause of death and basic eligibility for DEA.

The Board has determined that the veteran's claim for an earlier effective date of service connection for COPD with hypoxia, pulmonary fibrosis, and asbestosis is denied. The earliest effective date possible is May 31, 2002.

The Board has determined that further development is needed to address the veteran's claims for service connection for COPD and an increased rating for pulmonary tuberculosis, including obtaining medical records and scheduling a VA examination.

The VA determined that the veteran does not have a respiratory disorder, including asthma or COPD, due to asbestos exposure. The major depressive disorder is not related to military service.

The Board has determined that the veteran does not have chronic obstructive pulmonary disease, Sawyer James syndrome with cystic disease of the right lung as a result of asbestos exposure that is related to active service.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to determine if the veteran's current COPD is related to service or any exposure in service.

The Board finds that the veteran's current lung diseases, including chronic bronchitis and COPD, are not related to his service. The evidence does not support a finding of residuals from pneumonia or any other condition during service.

The Board found that the veteran's current lung ailments are not related to service, specifically his claimed pulmonary tuberculosis. The Board concluded that there is no evidence of a diagnosis or treatment for pulmonary tuberculosis during service and denied the claim.

The veteran's claim for an effective date prior to May 11, 1983, for a 100 percent rating for his service-connected chronic obstructive pulmonary disease with bronchial asthma and heart disability was denied as the earliest ascertainable increase in disability occurred on May 11, 1983.

The Board denied service connection for a respiratory disorder and gastrointestinal disorder, finding no evidence of such conditions during service or due to herbicide exposure. The veteran's current diagnoses were not associated with his military service.

The Board denied the veteran's claims for an increased disability rating for asbestosis and entitlement to special monthly compensation based on the need for aid and attendance or being housebound. The majority of his pulmonary impairment is attributed to nonservice-connected COPD.

The Board has remanded the case for further development, including obtaining medical records from Saranac Lake General Hospital and Fort Hamilton VA Hospital. The veteran's claim for service connection for COPD will be reconsidered based on this additional evidence.