COPD decisions — 2006

The VA denied a compensable evaluation for the veteran's residuals of small cell carcinoma of the lungs, with partial right lobectomy. The veteran was previously diagnosed with chronic obstructive pulmonary disease (COPD) and is currently in complete clinical remission from lung cancer.

The veteran's claim for increased ratings for his service-connected adenocarcinoma of the lung and COPD was denied. He is currently rated at 30 percent for the period from April 19, 2004 to December 7, 2004.

The Board denied the veteran's claim for service connection for a respiratory disorder, including COPD and asthma, due to herbicide exposure. The evidence did not show that the current respiratory disorders were incurred in or related to service.

The Board has determined that the cause of the veteran's death (COPD) is not service-connected, and neither OBS nor any other service-connected disability contributed to his death. The appellant's claims for DIC benefits and dependents' educational assistance are therefore denied.

The Board has ordered additional development due to the veteran's failure to report for a VA examination. The claim will be reconsidered after this development is completed.

The veteran's claim for non-service-connected disability pension was denied as he did not meet the criteria of permanent and total disability due to non-service-connected disabilities, with his PTSD being ruled out. The Board found that other psychiatric conditions may contribute to his inability to engage in substantially gainful employment.

The veteran's death was due to renal failure, but his service-connected COPD contributed substantially or materially to the cause of death. The Board granted service connection for the cause of the veteran's death.

The Board has ordered additional development due to incomplete medical records and the need for a VA physician's opinion regarding whether the veteran's cause of death was related to his service-connected disabilities.

The Board denied the claim of service connection for the cause of death due to tobacco use in service and also denied eligibility for dependents' educational assistance benefits.,The veteran's fatal heart disease, artery disease, renal disease, and diabetes were not incurred or aggravated by his active duty service.

The Board has determined that the veteran's bilateral hearing loss was not incurred in or aggravated by active service, and his COPD is not related to military service. The case is being remanded for further medical examination.

The Board has determined that there is no competent medical evidence linking the veteran's chest pain, coronary artery diseases (CAD), chronic obstructive pulmonary disease (COPD), and cholestoma with right ear hearing loss to his active service. As such, the claims for these conditions are denied.

The veteran's claims for special monthly compensation based on loss of use of the lower extremities and a certificate of eligibility for specially adapted housing or a certificate of eligibility for a special home adaption grant were denied due to lack of evidence showing anatomical loss or loss of use of both lower extremities.

The Board found that the veteran's death was not caused or substantially contributed to by any service-connected disability, and denied the claim for service connection for the cause of his death.

The Board has remanded the case for further development, including a medical examination to determine if COPD is related to asbestos exposure during service.

The Board denied service connection for the cause of the veteran's death due to his nicotine dependence, which led to COPD and other conditions that contributed to his death. The appellant is therefore not eligible for DIC benefits.

The Board found that the veteran's death was not caused by or substantially contributed to by any service-connected disability, including his cerebrovascular accident.

The Board has determined that the veteran's heart disorder, ventral hernia, and COPD were not incurred or aggravated during service. The claim for a low back disorder was previously denied and new and material evidence had not been received to reopen it.

The Board denied the veteran's claims for service connection for pneumonia and a lung disability, including COPD, emphysema, and asthma. The decision stated that post-service diagnoses were not attributable to service.

The veteran's death was caused by renal failure, but his service-connected disabilities did not cause or contribute to the cause of death. The appellant is also denied DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the criteria for receiving such benefits.

The Board denied the veteran's claim of entitlement to service connection for chronic obstructive pulmonary disease, including asthma, due to a lack of evidence linking his current diagnosis to his period of service.