COPD decisions — 2007

The Board denied the veteran's claim for service connection for a pulmonary disorder, to include as secondary to exposure to asbestos, finding that there was no evidence of a current disability related to his military service or to any incident therein, including alleged exposure to asbestos.

The Board has determined that the veteran's claimed conditions, including COPD, degenerative disc disease of the lumbar spine, tinnitus, and dermatitis of both hands, were not incurred or aggravated by military service. The evidence does not support a finding of service connection for any of these conditions.

The Board has determined that the veteran does not have COPD related to his military service or caused by his service-connected asbestosis, and thus denied the claim for service connection.

The VA denied the veteran's claim of service connection for COPD, concluding that his current condition is not related to his military service.

The Board has determined that the veteran's cause of death was not related to his military service, specifically due to necrotizing pneumonia caused by COPD. The Board found no evidence linking the veteran's death to Agent Orange exposure or any other condition presumed to be linked to such exposure.

The Board denied the veteran's claims for service connection for COPD and granuloma of the left lung, as well as a rating in excess of 10 percent for residuals of fractured nose with deviated septum and mild recurring pharyngitis. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The veteran's disabilities do not render him so helpless as to be unable to care for himself and perform tasks incident to daily living, nor does he require the regular aid and attendance of another person or qualify as housebound. Therefore, his claim for special monthly pension based on need for regular aid and attendance or housebound status is denied.

The Board has remanded the case for additional development due to unclear opinions regarding the veteran's respiratory disorder and its relation to asbestos exposure during service.

The Board has determined that the veteran does not have lung cancer or basal cell carcinoma, and his COPD is presumed to be due to service-connected vocal cord cancer treatment. The claim for secondary service connection for COPD is granted.

The veteran's service-connected generalized anxiety disorder and bronchitis with COPD have been rated appropriately, but the effective dates for the increased ratings are being reviewed.

The Board has determined that the veteran's pulmonary asbestosis, diagnosed as COPD, does not warrant a rating higher than 30 percent before September 26, 2006. From September 26, 2006, forward, it does not meet criteria for a 100 percent rating.

The Board found that there is no evidence of asbestos exposure during service and the veteran's COPD was not caused by a previously service-connected condition. The claim for service connection for COPD was denied.

The veteran's claims for increased ratings and service connection have been denied.,Service-connected conditions include lumbosacral strain, chondromalacia of the right and left knees, headaches, hypertension, conjunctivitis, COPD, perirectal abscess, right foot calluses, rhinitis/sinusitis, bilateral flat feet, sleep disorder, hearing loss, ankle condition, wrist condition, shin splints, positive TB test, hyperlipidemia, and left foot tendonitis.

The Board denied the veteran's claims for service connection for post-traumatic injuries of the upper and lower extremities, peripheral nerve damage, and a chronic respiratory condition to include as due to exposure to mustard gas. The evidence did not support these claims.

The Board found that the cause of the veteran's death was not related to his military service, and denied both claims for service connection and Dependents' Educational Assistance (DEA) benefits.

The Board found that the veteran's COPD and emphysema are not related to service, including his in-service tuberculosis or other pulmonary disorder.

The Board has determined that the veteran's COPD is due, in part, to in-service sinusitis and uncontrollable upper airway disease, which triggered bronchospasm and wheezing. Therefore, service connection for COPD is granted.

The veteran's appeal is being remanded for additional development of his medical records and to determine the nature, extent, and etiology of any identified disabilities.

The veteran's cause of death, COPD, was not caused by a service-connected disability.

The Board is remanding the case to determine if the veteran's service-connected PTSD contributed to his death, including whether smoking was secondarily related.