COPD decisions — 2007

The Board has determined that the veteran's claims for service connection of various conditions, including head injury, back disability, shoulder disorders, foot injuries, eye disorder, heart disorder, lung disease, psychiatric disorder, diabetes mellitus, asbestosis, COPD, cervical spine disorder, hemorrhoids, tinnitus, and loss of teeth are not supported by the evidence of record.

The veteran's claims for service connection for various conditions have been denied as there is no evidence of a link between his current conditions and his military service.

The Board denied service connection for residuals of a head injury, scar from facial injury, lung disease (chronic obstructive pulmonary disease), and pancreatitis. The claims were not granted due to lack of presumptive service connection based on exposure to herbicides.

The Board has determined that the veteran's death was not caused by a service-connected disability and therefore, the appellant is denied entitlement to service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1318, and dependents' educational assistance benefits under Chapter 35.

The Board has remanded the case due to the need for additional evidence regarding the veteran's in-service episodes of pneumonia and their relation to his current lung conditions. The veteran is required to provide evidence confirming these in-service incidents, which may be found in his personnel records or unit histories.

The veteran does not have COPD or pulmonary fibrosis that is attributable to asbestos exposure during military service.

The Board denied service connection for a respiratory disorder, finding no competent medical or factual evidence indicating any in-service incident.

Service connection has been granted for a disability of the cervical spine (C5-6 and C6-7), a growth on the left foot, degenerative changes in the left knee and distal femur, and a pulmonary disorder to include COPD. Service connection was not established for blisters of the feet.,The veteran's service connection claims were granted based on presumptive exposure to Gulf War conditions.

The VA denied the veteran's claim for an increased rating of his COPD, currently rated at 30 percent. The evidence did not show that he required monthly visits to a physician or intermittent courses of systemic corticosteroids.

The Board denied the veteran's claims for service connection for PTSD, hearing loss, tinnitus, asthma, COPD, and asbestosis. The reasons given were that there was no proof of combat exposure or credible supporting evidence of the claimed stressors, and the conditions did not meet the criteria for direct service connection.

The Board has determined that the veteran's disability does not meet or approximate the criteria for a rating in excess of 30 percent, and thus his claim is denied.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the veteran's claim for service connection for COPD, and thus the claim is denied.

The Board denied an increased rating for tuberculosis and the residual conditions of pulmonary surgery, finding that the veteran's current service-connected inactive tuberculosis does not warrant a higher rating due to his development of COPD with chronic bronchitis and emphysema.

The Board found that the veteran's service-connected disabilities did not substantially or materially contribute to cause his death, and thus denied service connection for the cause of death. The DIC and DEA claims were also denied as there was no evidence showing the veteran's service-connected conditions caused or contributed to his death.

The Board denied the veteran's claims for service connection for COPD, ulcers, and varicose veins of both legs due to a lack of evidence linking these conditions to his military service.

The Board found that the veteran's COPD was not incurred in or aggravated by his military service, including as secondary to mustard gas exposure. The claim for service connection is denied.

The Board has remanded the veteran's claims due to outstanding VA medical records and a need for further examination.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting a new examination to address osteoarthritis.

The Board found that there is no evidence of COPD in service or for many years thereafter, and no competent evidence linking the veteran's current COPD to his period of active service. Therefore, service connection was denied.

The Board denied the veteran's claims for an earlier effective date for PTSD and service connection for COPD, finding that December 19, 2002 is the earliest date assignable for service connection of PTSD.