COPD decisions — 2006

The Board has granted service connection for pes planus and dismissed the remaining issues of appeal.

The Board denied the veteran's claims for an initial compensable rating for a deviated nasal septum disability and secondary service connection for chronic obstructive pulmonary disease arising from that disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for COPD. However, the evidence does not establish a direct link between the veteran's current condition and his military service.

The Board has decided to remand the case for further development, including obtaining a VA medical examination and reviewing all relevant evidence. The issues of service connection for COPD due to asbestos exposure and TDIU will be addressed after this additional review.

The Board has granted service connection for COPD as secondary to in-service tobacco use, effective June 9, 1992. The veteran's original claim of service connection for COPD was denied in July 1983 and not appealed.

The Board has remanded the veteran's claims for additional development due to his failure to report for VA examinations.

The veteran's claims for service connection for depression and anxiety, as well as his reopened claim for chronic obstructive pulmonary disease with bronchitis were all granted. His claim for ulcers was not addressed in the decision.

The Board has determined that COPD is related to nicotine dependence, which began during service. Therefore, the veteran's COPD is granted as secondary to his service-connected nicotine dependence.

The Board denied service connection for the cause of death due to acute myocardial infarction and nicotine dependence, finding that there was no evidence of nicotine addiction during service or that it caused or contributed to death.

The Board denied the claim for service connection for the cause of death due to COPD and respiratory failure, finding that there was no evidence linking these conditions to military service.

The Board has determined that the veteran's COPD, claimed as due to asbestos exposure, was not incurred in or aggravated by service.

The Board has denied the veteran's claims for service connection for hypertension, migraine headaches, a pulmonary disability (emphysema and COPD), peripheral neuropathy of the feet, tinnitus, and pain in the legs. The Board found that there is no evidence showing a causal relationship between these conditions and the veteran's service-connected frostbite of the hands and feet.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, Social Security Administration disability records, and any other relevant evidence. The veteran is advised to submit all relevant evidence in his possession.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need of regular aid and attendance or housebound status.

The Board found that the veteran's current pulmonary/respiratory disorder is less likely than not related to his military service, including any asbestos exposure therein. The evidence did not support a finding of asbestosis or other asbestos-related disease.

The veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board denied the veteran's claims for service connection for a respiratory disorder, to include COPD, and for a disability manifested by dizziness. The appeal is now remanded due to new evidence indicating that the right 5th finger disability may be more severe than currently evaluated.

The veteran's appeal is being remanded due to scheduling issues for a BVA video conference hearing at the RO. The claims file needs to be returned to the AOJ so that his representative can review it and prepare for the hearing.

The Board has determined that the appellant is in need of aid and attendance due to her physical and mental incapacity, which requires care or assistance on a regular basis to protect herself from hazards and dangers incident to her daily environment. Aid and attendance benefits are therefore granted.

The Board has determined that the veteran's respiratory conditions, including emphysema, asthma, and COPD, are not service-connected due to the provisions of 38 U.S.C.A. § 1103, which bars service connection for disabilities resulting from disease or injury attributable to tobacco use in service.