COPD decisions — 2006

The Board found no basis to assign a disability rating greater than 30 percent for the veteran's COPD with bronchial asthma, as his pulmonary function testing did not meet the criteria for a higher rating.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board has denied the veteran's claims for service connection for COPD, a psychiatric disorder, and residuals of hepatitis C. The claim for reopening a bilateral ankle disability was not addressed in this decision.

The Board has determined that the veteran's emphysema with COPD manifested during service and is related to service, granting his claim for service connection.

The Board found that new and material evidence had been received to reopen the veteran's claim for service connection for COPD, but denied the claim as there was no competent medical evidence showing a link between the veteran's COPD and his military service.

The veteran's appeal was dismissed because he died during the pendency of his appeal.

The Board has granted the veteran's claim for COPD, secondary to asbestos exposure during service. The decision resolves all reasonable doubt in favor of the veteran.

The Board has reopened the claims for service connection for depression, hypertension, arthritis of the shoulders, and a respiratory disorder (COPD). However, the preponderance of evidence does not support these claims as they were not present in service or are not related to military service.

The veteran is seeking an earlier effective date for a 100 percent disability rating for COPD, which was granted on December 18, 2002. The case has been remanded due to the need for additional development and notification under the VCAA.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that there was no relationship between his death and his period of service or a service-connected disability.

The veteran's lung cancer and COPD due to asbestos exposure are currently rated at 30 percent, but the Board finds that these conditions do not warrant a higher rating.

The Board denied the appellant's claims for service connection for the cause of her husband's death, DIC benefits under 38 U.S.C.A. § 1318, and burial benefits due to lack of evidence showing a causal link between any service-connected condition and the veteran's death.

The Board has remanded the veteran's claims for service connection due to a lack of VA medical treatment records and failure to provide proper notice regarding what constitutes material evidence.

The Board has determined that the veteran's nicotine dependence and COPD are service-connected, with nicotine dependence being a direct result of tobacco use during service and COPD being linked to his nicotine dependence.

The Board has reopened the veteran's claim for service connection for asthma and is considering it in conjunction with his claim for COPD. The evidence received since the July 1975 decision indicates that some of the additional evidence relates to an unestablished element necessary to support the claim for service connection for asthma, but there is clear and unmistakable evidence indicating that the veteran's current respiratory disorders are not related to service.

The Board has determined that the preponderance of the evidence is against the claim, and therefore service connection for a respiratory disorder, claimed as COPD, is denied.

The Board has denied the veteran's claims for service connection for COPD, a heart disorder with atrial fibrillation, and kidney disorder. The evidence does not support these claims as there is no clear link between the current conditions and service.

The Board has remanded the case for additional development due to insufficient evidence regarding the relationship between the veteran's current lung disorders and his service, including exposure to Agent Orange.

The Board has determined that the cause of the veteran's death was not caused by a disability for which service connection had been established at the time of his death, and may not be presumed to have been incurred in service.

The veteran's appeal for a higher COPD rating and TDIU was dismissed due to the veteran withdrawing his appeal with respect to TDIU.