COPD decisions — 2006

The veteran's appeal is being remanded due to the need for additional examination and development of evidence.

The Board found that the veteran's COPD and lung cancer did not have a service origin, nor could they be presumed to have been caused by asbestos exposure during his naval service. The cause of death was determined to be COPD and lung cancer.

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

The Board denied service connection for bilateral hearing loss and COPD, but granted service connection for headaches and a psychiatric disability.

The veteran is seeking service connection for chronic lung disease, including COPD, bronchitis and asthma. The case has been remanded to provide a pulmonary examination that includes an opinion on the relationship between current lung conditions and his in-service spontaneous pneumothorax.

The Board has determined that the appellant needed assistance for dressing, bathing, cooking and other activities of daily living due to a left hip fracture and surgery. However, she was not permanently confined to her home or immediate premises by reason of disability.

The Board has determined that the veteran's heart condition, diabetes mellitus, and chronic obstructive pulmonary disease are not related to his active service or exposure to ionizing radiation.

The Board has determined that the veteran's hypertension and respiratory disorder, including asthma and COPD, were not incurred in or aggravated by active military service.

The Board has granted the appellant's claim for service connection for the veteran's cause of death, finding that his atrial fibrillation, which contributed significantly to his death, was related to his period of military service.

The Board has determined that additional development is needed, including providing proper VCAA notice and obtaining a medical opinion regarding the etiology of the veteran's COPD.

The Board has remanded the case back to the RO for readjudication due to a need for additional development, including obtaining a VA examination and providing a medical opinion regarding the etiology of the veteran's chronic obstructive pulmonary disease.

The Board has granted service connection for hypertension as secondary to a service-connected heart disability. The veteran's COPD with bullous emphysema in the left lung is established, and his tuberculosis claim remains unresolved.

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

The Board found that the veteran's death was not caused by or substantially related to his military service, including any service-connected conditions.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking any of the veteran's conditions to his active service or to a service-connected disability.

The Board has remanded the case due to missing medical records and a need for an expert opinion regarding the cause of death. The veteran died from probable cardio-respiratory failure, with complex partial seizure disorder contributing substantially to his death.

The veteran's service-connected COPD is currently rated at 60 percent disabling. The Board finds that the evidence does not support a higher rating or entitlement to TDIU based on his COPD.

The Board found no causal relationship between any service-connected disability and the veteran's death, thus denying service connection for the cause of death. The DIC claim under 38 U.S.C.A. § 1151 was also denied as there is no evidence showing that VA treatment proximately caused or contributed to the veteran's death.

The Board granted service connection for a hiatal hernia, effective from July 1996. The veteran's claims for an increased evaluation of the hiatal hernia and earlier effective dates for lumbar spine injury, arthritis, Scheuerman's disease, kyphosis of the thoracic spine, right thigh hypesthesia, and COPD/chronic bronchitis were denied.

The VA determined that the veteran's current respiratory impairment is due to his nonservice-connected COPD, not his service-connected lung cancer. Therefore, a higher rating for his post-operative residuals of right upper lobectomy cannot be granted.