COPD decisions — 2006

The Board found that the veteran's chronic obstructive pulmonary disease is likely related to his service, and granted his claim for service connection.

The Board has denied the veteran's claims for service connection for COPD and vitiligo. The evidence does not support a finding of an undiagnosed pulmonary disorder or a chronic disability due to undiagnosed illness, nor is there objective medical evidence linking the current conditions to service. The veteran's COPD is attributed to tobacco use, which precludes service connection under 38 U.S.C.A. § 1103. For vitiligo, the Board found no evidence of a chronic disability due to undiagnosed illness and concluded that there was insufficient medical evidence linking the current condition to service.

The Board denied the veteran's claims for higher ratings for cervical strain, lumbosacral strain, and COPD. The RO assigned noncompensable disability ratings initially in April 1998 and increased them to 10 percent effective August 23, 1997.

The veteran's claim for service connection for COPD due to Agent Orange exposure was denied. Service connection for PTSD, left knee degenerative joint disease, right knee degenerative joint disease, and residuals of fractures in both legs were granted with initial ratings of 30%, 10%, 10%, and noncompensable respectively.

The Board denied the veteran's claims for service connection for residuals of a fracture of the coccyx and a chronic respiratory condition, to include COPD. The evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Board has denied the veteran's claim for service connection for an asbestos-related lung disorder, to include COPD. The issue of entitlement to service connection for bilateral hearing loss is addressed in the REMAND portion and is referred back to the RO.

The Board denied the veteran's claim for service connection for COPD, finding that there was no evidence linking his current condition to service or to a service-connected disability.

The Board has determined that the veteran's chronic obstructive pulmonary disease was not incurred in or related to his military service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for COPD, congestive heart failure, obesity, and muscle atrophy. The appeals were based on secondary to tobacco use during service or nicotine dependence developed during service.

The Board found that the veteran did not have any service-connected conditions that caused or contributed to his death. The cause of death was attributed to pneumonia with sepsis, which occurred during a hospitalization in February 1994.

The veteran's claim for specially adapted housing assistance or a special home adaptation grant is being remanded due to the need for additional development of his medical records and VA examinations.

The Board denied the veteran's claims of service connection for emphysema, bronchitis, anemia, and heart disorder based on radiation exposure during service. The evidence did not support a current diagnosis of emphysema.

The Board has determined that the veteran's respiratory disorder is not due to disease or injury incurred in service and denied his claim for service connection. The initial rating for tinnitus remains at 10 percent.

The Board found that the veteran's chronic obstructive pulmonary disease was not related to service, including any herbicide exposure. The claim for service connection is denied.

The Board has denied the veteran's claims for service connection for asbestosis, COPD, left shoulder disability, right shoulder disability, and bilateral hearing loss. The evidence does not support a finding that these conditions were incurred or aggravated during active military service.

The Board has determined that the veteran's COPD warrants a 30 percent evaluation since May 1, 1995. The rating will be increased to 60 percent from April 1, 2002 to March 22, 2005.

The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore denied service connection for the cause of death. The eligibility to DEA benefits under Chapter 35 is also denied. The appellant is not entitled to burial benefits at the service-connected rate.

The Board has remanded the veteran's claims for service connection due to insufficient evidence and requests further development, including VA examinations.

The Board has determined that the veteran's current chronic obstructive pulmonary disease is a residual of bronchiectasis incurred during service.

The Board has remanded the case due to a need for clarification on whether the veteran's service-connected disabilities contributed substantially or materially to his death.