COPD decisions — 2005

The Board found that the veteran's COPD is not linked to his service or any incident therein, including exposure to asbestos.

The Board found that the veteran's death was not caused by a service-connected disability and denied both his claim for service connection for the cause of death and his request for nonservice-connected pension benefits.

The Board denied the veteran's claims for service connection for COPD and initial evaluations for asbestosis, both prior to March 13, 2002, and effective from March 13, 2002. The appeals were based on direct service connection without any presumption or secondary theory.

The Board has determined that new and material evidence has not been received to reopen the veteran's previously denied claim of service connection for COPD and pneumonia, thus denying the reopening of his claim.

The Board dismissed the veteran's claim for service connection for COPD as there was no timely filed substantive appeal.

The Board denied the veteran's claims for service connection of his respiratory disorder and coronary artery disease, finding no medical evidence linking these conditions to his service-connected calcified pleural plaques due to asbestosis. The claim for a compensable evaluation for calcified pleural plaques was also denied.

The Board has determined that the veteran's claims of service connection for nicotine dependence, COPD, and CHF must be remanded for further development of the evidence.

The Board has determined that the veteran's COPD was not incurred or aggravated in active military service and denied his claim for service connection.

The Board has determined that the veteran's COPD and depression were not incurred in or aggravated by service, and thus denied his claims for service connection.

The Board found that the cause of the veteran's death, respiratory failure due to emphysema, is not service-connected because it resulted from tobacco use during service. The appellant is also denied DIC benefits under 38 U.S.C.A. § 1318 as the veteran was not rated totally disabled for a period of ten or more years immediately preceding his death.

The veteran's appeal is being remanded for a Travel Board hearing and further development.

The Board has determined that the veteran's claimed conditions, Shy Drager Syndrome and COPD, are not related to service or exposure to Agent Orange. Therefore, these claims for service connection have been denied.

The veteran's appeal is being remanded for further development of the medical record to comply with previous Board and Court orders.

The Board has granted an increased rating of 30 percent for post traumatic stress disorder from May 14, 1998. The veteran's claim for service connection for bilateral tinnitus is also granted.

The Board has reopened the veteran's claim for service connection for COPD, finding new and material evidence. The case is now remanded for further development.

The Board has denied the claim of service connection for the cause of the veteran's death due to a lack of medical evidence connecting his coronary artery disease, hypertension, and chronic obstructive pulmonary disease to military service.

The Board has determined that there is no evidence of a current COPD or bilateral inguinal hernia condition, and the veteran's reported history of such conditions in service is not supported by contemporaneous medical records. The Board also found no competent evidence linking any current COPD to service.,Service connection for both COPD and bilateral inguinal hernia was denied as there is insufficient evidence to support a finding that these conditions are related to the veteran's active duty service.

The Board has determined that the veteran's claims for service connection for a lung disorder and arthritis are denied as there is no evidence to support these conditions were incurred or aggravated by his military service, including exposure to herbicides.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, eligibility for nonservice-connected death pension benefits, and entitlement to accrued benefits. The Board found that there was no evidence linking the veteran's death to his military service or any service-connected disability.

The Board has determined that the veteran's respiratory disability, including asthma, COPD, reactive airway disease, methacholine challenge positive, chemical hyperreactivity syndrome, and disrupted immunologic imbalance/disregulation is presumed to be due to exposure to Agent Orange during service. The Board finds that there is doubt as to whether these conditions are causally related to the veteran's service-connected disability or if they have been aggravated by it.