COPD decisions — 2005

The veteran's appeal has been dismissed due to his death.

The veteran's claims for PTSD, COPD, melanoma, and thrombophlebitis were denied. The claim for an earlier effective date for schizophrenia was also denied.

The veteran's service-connected major depressive disorder did not play a role in his death, nor was it causally related to any of the conditions that led to his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The veteran's PTSD resulted in severe social and industrial impairment from April 3, 1992, until February 4, 1998. A 70% evaluation for PTSD is granted during this period.

The Board denied the claim for DIC under 38 U.S.C.A. § 1151 as there was no evidence linking the veteran's death to service or VA treatment, and found that the cause of death (lung cancer) did not result from a disease incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for asbestosis and for evaluations in excess of 20 percent for cervical spine disc disease and residuals of lumbar spine injury with traumatic arthritis.

The Board has granted service connection for interstitial fibrosis and pleural calcification as a result of asbestos exposure during service, but denied service connection for chronic obstructive pulmonary disease.

The Board has determined that the appellant's current COPD and emphysema are not related to his service, and therefore denied his claims for service connection.

The Board denied an increased rating for COPD, finding that the veteran's pulmonary function tests did not meet the criteria for a higher rating. The claims for initial ratings of 20% and above for acromioclavicular degenerative joint disease with impingement syndrome of both shoulders, and for patellofemoral arthritis of the right knee were remanded.

The Board denied the veteran's claims for service connection for various conditions, including PTSD and a skin disability. The decision also addressed other issues such as diabetes mellitus, hearing loss, and sleep apnea.

The Board found that the veteran's COPD was not caused by in-service smoking and denied his claim for service connection.

The Board denied service connection for coronary artery disease and chronic bronchitis, but granted service connection for COPD. Service connection for sinus condition and asthma is not addressed as the issues are unclear.

The Board has ordered additional development of the evidence, including obtaining medical records and scheduling VA examinations. The appeal is currently in remand status.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking Meniere's disease or ASHD to COPD, which is the primary cause of death.

The Board denied the veteran's claims for service connection for pharyngitis and COPD/bronchitis, finding no current disability related to these conditions. The VA examiner concluded that any current symptoms were attributable to his COPD, chronic bronchitis, and emphysema.

The Board has remanded the case due to a need for clarification on whether new and material evidence has been submitted to reopen the previously denied claim seeking service connection for respiratory disability, including tracheobronchitis, COPD or bronchiectasis, due to exposure to mustard gas in service.

The Board has denied the veteran's claims for service connection for COPD and throat cancer, as these conditions are not shown to be related to military service or nicotine dependence.

The Board denied service connection for bronchitis with bronchospasm (claimed as chronic obstructive pulmonary disease) as a result of gunshot wound to chest, finding no evidence of such condition in service or within several years after discharge. The veteran's claim for an increased evaluation for conversion reaction with back pain remains pending.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that nicotine dependency did not qualify as a service-connected condition due to VA policy prohibiting such claims filed after June 9, 1998.

The veteran's PTSD was found to be in remission and his COPD was rated at 30 percent from December 2, 1998 onwards.