COPD decisions — 2006

The veteran's death was caused by acute coronary insufficiency, but the service-connected COPD did not contribute to his cause of death. The Board denied service connection for the cause of death.

The Board has granted service connection for the cause of the veteran's death due to cardiovascular diseases presumed to be incurred in service. The appeal for accrued benefits is denied as the appellant did not file a claim within one year of the veteran's death.

The Board found that the veteran's lung disorder, including COPD and cancer, is not related to service or to an incident of service origin, specifically his in-service exposure to asbestos.

The Board found that the veteran's respiratory disorder was not incurred in or related to service, specifically due to lack of evidence supporting exposure to asbestos during service and a significant latency period for asbestos-related diseases.

The Board found no evidence that the veteran's death was caused or contributed to by any service-connected disability, and there is no indication of exposure to Agent Orange. The cause of death was determined to be metastatic anaplastic carcinoma.

The Board denied the veteran's claims for entitlement to service connection for COPD and a rating in excess of 30 percent for status post right upper lobectomy effective from February 11, 1996. The reasons were that there was no medical evidence showing the veteran to have had COPD during service or linking it to his military service. For the right upper lobectomy claim, the Board found that the VA examinations did not fully address all of the criteria required to rate the condition under Diagnostic Code 6844.

The Board has reopened the claim for service connection due to new and material evidence, but it is unable to establish a direct or secondary service connection for the veteran's pulmonary disorder. The effective date of TDIU remains February 24, 1998.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's COPD, including exposure during service.

The veteran's claims for service connection for COPD and a mental condition are being remanded due to the need to obtain SSA records, conduct VA psychiatric examination, and ensure all relevant medical evidence is considered.

The Board has determined that the veteran's COPD is not linked to his service-connected PTSD and therefore denied the claim for service connection.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further action.

The veteran is seeking service connection for COPD, bronchial asthma, and a left lower lobe granuloma. He also seeks service connection for heart disease and depression secondary to his diabetes mellitus, all related to herbicide exposure during service.

The veteran needs regular assistance feeding himself, bathing, dressing, walking, and taking prescribed medication, and requires care or assistance on a regular basis for protection from hazards or dangers incident to his daily environment. The Board has determined that the criteria for special monthly pension based on a need for regular aid and attendance are met.

The VA has denied the veteran's claims for service connection for COPD, secondary to exposure to Agent Orange and radiation. The VA found no evidence linking these exposures to the development of COPD.

The veteran's appeal is being remanded due to the need for additional development of his claims, including service connection and requests to reopen. The SMC claim will be reconsidered after these issues are resolved.

The Board has determined that the veteran's former attorney is not entitled to payment of attorney fees from past due benefits calculated in the amount of $3,514.80 as he did not represent the veteran in connection with his claim for an earlier effective date based on new and material evidence.

The veteran's cause of death was not service-connected. The claim for DIC benefits under 38 U.S.C.A. § 1318(b) is denied as the veteran did not meet the criteria for entitlement to such benefits.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the veteran's death, finding that new and material evidence had not been received.

The veteran's death was not due to a service-connected condition, and he did not meet the income criteria for improved death pension benefits. The claim for burial benefits was also denied.

The Board found that the veteran does not have asbestosis or any other asbestos-related disease and denied his claim for service connection.