COPD decisions — 2005

The veteran's claim for special monthly pension based on the need for regular aid and attendance or due to housebound status is denied as he does not meet the criteria for either benefit.

The Board denied the veteran's claim of service connection for a chronic lung disability, finding that there is no competent medical evidence linking his current condition to a pneumothorax he had in service. The Board concluded that the preponderance of the evidence was against the claim.

The Board has determined that the veteran's pulmonary interstitial fibrosis is related to asbestos exposure during his military service and grants service connection for this condition.

The Board has granted the veteran's claim for service connection for COPD, finding that it was incurred as secondary to in-service tobacco use. The heart disorder issue remains pending and will be addressed at a later stage.

The Board granted a 30 percent evaluation for COPD effective from October 19, 2004.

The Board has determined that the appellant's claims are not well-grounded and have been denied for service connection due to tobacco use in service. The veteran had ongoing claims prior to his death, but these were denied as not well grounded.

The veteran's multiple disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or as a result of being housebound.

The veteran died from COPD, which was not service-connected. The appellant's claim for accrued benefits due to the veteran's death is denied as there were no existing ratings or decisions at the time of his death.

The veteran's claims for service connection for a throat disorder and COPD as secondary to asbestos exposure are denied. The claim for service connection based on Agent Orange exposure is also denied.

The Board found that the submitted evidence was not new and material, thus denying the veteran's claims for reopening his service connection for bronchitis with COPD, hypertension, and arthritis of the lumbosacral spine.

The Board has remanded the case for further development and readjudication due to a need for an Independent Medical Expert's opinion.

The case is REMANDED to the RO for compliance with VCAA requirements and for additional development of evidence related to service connection claims.

The Board has determined that the veteran's death was due to his service-connected conditions, specifically his left leg varicose veins, which contributed to his fatal congestive heart failure.

The Board has denied the veteran's claims for service connection for wrist and arm pain or impairment, dizziness, double vision, chronic obstructive pulmonary disease, bronchitis, and emphysema, esophageal achalasia, and status post removal of a polyp from the vocal cords, all claimed as due to mustard gas exposure. The evidence does not support a finding that these conditions are related to service.

The Board has remanded the case for additional development, including obtaining terminal clinical records and an autopsy report to address whether the veteran's service-connected histoplasmosis caused or significantly contributed to his death.

The Board denied the appellant's claims for service connection for the cause of her husband's death, eligibility for Chapter 35 Survivors' and Dependents' Educational Assistance benefits, and entitlement to total disability rating based upon individual unemployability (TDIU) for accrued benefits purposes.

The veteran's claims for service connection for chest pain, COPD, and fatigue are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran is competent for VA benefits purposes and restored his competency status.

The veteran's claim for service connection for a respiratory disorder, claimed as secondary to in-service exposure to asbestos is being remanded due to the need for additional development and notification under the VCAA.

The Board found that the veteran's causes of death, respiratory failure, COPD, and anemia are not attributable to service. Therefore, service connection for cause of death is denied.