COPD decisions — 2005

The Board has remanded the case for additional development due to VCAA compliance issues and for a VA examination.

The veteran's claims for an initial rating in excess of 10 percent for PTSD and for an increased rating for COPD are being remanded due to the need for additional development.

The Board has determined that the veteran's PTSD and lung disorder, inclusive of COPD, were incurred in service. The VA will now proceed to assign a rating for the lung disorder.

The veteran's claim for service connection for chronic obstructive pulmonary disease (COPD) is being remanded due to the need for additional medical records and further development.

The veteran died of end-stage chronic obstructive pulmonary disease. The Board denied the appellant's claims for dependency and indemnity compensation under Section 1318 and eligibility for dependents' educational assistance under Chapter 35 due to lack of evidence meeting the required conditions.

The veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C.A. §1318 were not met.

The Board has determined that the veteran does not have a current diagnosis of asbestosis, COPD, or PTSD. The claims for service connection in these areas are therefore denied.

The veteran's death was caused by emphysema, but he had a total disability rating for COPD from September 1993 until his death in November 1999. Since the veteran did not have a ten-year period of total service-connected disability prior to his death, DIC benefits cannot be awarded under 38 U.S.C.A. § 1318.

The veteran's request for a higher rating for emphysema and his claim for a total disability rating based on individual unemployability were both denied. The VA found that the veteran did not meet the threshold requirements for a total rating based on individual unemployability, but also noted that he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for a chronic lung disability, including emphysema and COPD. The Board also found that the reopened claim should be granted.

The Board has remanded the case due to the need for further development regarding service connection for chronic obstructive pulmonary disease.

The veteran's claim for an initial rating in excess of 10 percent for chronic obstructive pulmonary disease as a residual of coccidioidomycosis is being remanded due to the need for further evidentiary development.

The Board has remanded the case due to insufficient evidence regarding the veteran's chronic obstructive pulmonary disease and its connection to his military service. The veteran will need to provide medical records from VA facilities, private doctors, and Social Security Administration.

The Board has denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence was submitted.

The Board found that the veteran's current respiratory disorders were not caused by an in-service disease or injury, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the veteran's breathing problems are related to his service-connected shrapnel wound of the right upper chest and for readjudicating the issue of an increased rating for residuals of shrapnel wound of the right upper chest.

The Board denied service connection for COPD and hypertension, finding no evidence linking these conditions to the veteran's active service.

The Board has decided to remand the case for further development due to the need for additional medical records and a VA examination.

The Board denied service connection for low back strain, PTSD, tremors (to include Parkinson's disease), headaches, and COPD. The veteran's claims were not supported by evidence of in-service stressors or a nexus to service.

The VA denied the veteran's claims for a lung disorder due to asbestos exposure, an increased evaluation for facial scars, and reopening of his claim for service connection for migraine headaches. The VA found that there was no evidence linking any current lung condition or facial scars to service, and the new evidence submitted did not provide sufficient information to reopen the claim for migraines.