COPD decisions — 2007

The veteran's asthma and COPD are service-connected, with the COPD being secondary to his pre-existing asthma. The right index finger injury claim was denied but reopened.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable rating or higher disability ratings for various conditions, including PTSD, COPD, and hearing loss.

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 he did not meet the criteria for these benefits due to lack of total disability rating based on service-connected conditions.

The Board has determined that the veteran's cause of death, COPD, was not related to his service-connected disabilities and thus denied the claim for service connection for the cause of death.

The Board has remanded the case for several procedural issues, including contacting the veteran's brother and providing VCAA compliant notice regarding service connection for paranoid schizophrenia.

The Board denied the veteran's claims for service connection for various conditions, including atherosclerotic heart disease, peptic ulcer disease, osteoarthritis, rheumatoid arthritis, low back disorder, chronic obstructive pulmonary disease (COPD), and emphysema. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board has determined that the veteran does not have a diagnosed pulmonary disability, including asbestosis and chronic obstructive pulmonary disease, due to service or asbestos exposure. The examiner found no evidence of such disabilities.

The Board found that the veteran's asthma existed prior to service and did not increase in severity during service. The current respiratory disability is not causally related to his active duty service.

The veteran's claims for service connection for various conditions, including diabetes mellitus type II, bilateral eye disability, heart disease, hypertension, arthritis, COPD, dental condition, and colitis, were denied as they are not considered radiogenic diseases or presumptively related to exposure to ionizing radiation during service.

The Board denied reopening the claim of service connection for respiratory disease and denied entitlement to TDIU. The evidence submitted since October 2002 was not new and material, and the appellant's disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case for further development, including verification of mustard gas exposure and a VA physician's opinion on whether the veteran's cause of death is related to his military service and any exposure to mustard gas.

The Board denied reopening the claim for service connection for the cause of the veteran's death due to lack of new and material evidence, including duplicate copies of previously considered medical records and a newspaper article.

The Board has determined that the veteran's claimed conditions of degenerative joint disease of the knees and COPD are not service-connected, as there is no evidence linking these conditions to his military service or any in-service asbestos exposure.

The Board has remanded the case for further development to determine if the veteran's current psychiatric disabilities, including PTSD, are related to his military service.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death. The cause of death was listed as cerebrovascular accident, but there is no evidence linking this condition to any service-connected disability.

The Board denied the veteran's claims for an increased rating for bronchiectasis and a TDIU due to service-connected disability. The evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has determined that the veteran's chronic obstructive pulmonary disease (COPD) was not incurred in or aggravated by military service, including as due to herbicide exposure. The claim for service connection is denied.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The specific issues of service connection are still pending.

The Board found that the veteran's COPD and photophobia are not related to his military service, and thus denied both claims.

The Board has denied the veteran's claim for service connection for sleep apnea, including as secondary to his service-connected prostate cancer, COPD, low back strain, and right shoulder disorder.