COPD decisions — 2006

The Board denied service connection for COPD, arteriosclerotic peripheral vascular disease, and asbestosis due to lack of evidence linking these conditions to the veteran's in-service smoking or exposure. The Board also found that there was no current diagnosis of nicotine dependence.

The veteran died of end-stage lung cancer due to or as a consequence of chronic obstructive pulmonary disease, protein calorie malnutrition and normocyte normochromic anemia. The Board finds that the death was not caused by VA negligence in providing care.

The Board denied the veteran's claim for service connection for COPD, finding that new and material evidence had not been submitted to reopen his previously denied claim.

The veteran withdrew his appeal for the claims of service connection for diminished sex drive, gastroesophageal reflex disorder (GERD), aching joints, ulcers, COPD, hypertension, conjunctivitis, sleep apnea, melanoma, and dermatitis. The claim for PTSD remains pending.

The veteran's claim for service connection for a lung disorder, including bronchitis, emphysema, and COPD, due to inservice exposure to asbestos is dismissed because the claim was received after June 9, 1998. The VCAA notice requirements were satisfied as per the timeline of events.

The veteran's COPD was not found to be related to service, including exposure to asbestos. The Board denied the claim for service connection.

The Board found that the cause of the veteran's death (respiratory failure due to COPD) was not service-connected, and the appellant did not provide evidence linking her husband's service-connected conditions to his death.

The Board has determined that the cause of the veteran's death was not incurred in or aggravated by active service, and therefore denied the claim for service connection for the cause of death.

The Board has determined that the veteran's COPD is not service-connected as it did not result from his military service and was not caused or aggravated by a pre-existing condition.

The Board has decided to remand the case for additional development, including obtaining relevant medical records and scheduling a VA examination.

The Board denied the veteran's request for an earlier effective date for special monthly pension based on need for aid and attendance, finding that the claim was abandoned due to failure to submit requested income information within one year of a February 2002 letter. The earliest effective date assigned is July 1, 2003.

The Board found that the veteran's PTSD, right knee disability, tremors, and COPD were not incurred in or aggravated by active service. The claims for PTSD and tremors were denied due to lack of verified stressors, while the claim for COPD was denied as it did not meet the criteria for presumptive service connection under the Persian Gulf War presumption.

The Board denied the veteran's claim for service connection for chronic obstructive pulmonary disease, finding that it was not incurred in or aggravated by active military service and is not related to exposure to herbicide agents in Vietnam.

The Board has determined that the veteran's pulmonary emphysema and COPD did not originate in service or for many years after his discharge from service, and are not otherwise related to his period of service. The Board also found no evidence linking any current right or left knee disorders to service.

The veteran's claim for an earlier effective date for service connection for COPD was denied as the RO correctly assigned March 28, 2002 as the effective date.

The Board has determined that the evidence received since the April 1997 decision is not new and material, and thus, the claim of service connection for COPD may not be reopened.

The Board denied service connection for COPD and granted a 30% rating for the veteran's acneform eruption (skin disability).

The veteran's claims for service connection for COPD, asbestosis, sleep apnea, and a pancreas condition were denied. The Board found that the evidence did not support these claims.

The Board found that the veteran's nicotine dependence and subsequent coronary artery disease and COPD are not service-connected, as there is no objective evidence showing these conditions were incurred or aggravated during his active duty.

The Board has determined that the veteran's service-connected shell fragment wound to his right chest, which resulted in a restrictive lung condition, contributed substantially or materially to his death from cancer of the left lung. This decision grants service connection for the cause of the veteran's death.