COPD decisions — 2007

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for service connection for COPD, including as secondary to her service-connected inactive pulmonary tuberculosis. The case will be returned to the Board for further action.

The Board found that the veteran's COPD is not related to his service or any Agent Orange exposure, and therefore denied the claim for service connection.

The Board found that COPD, claimed as due to nicotine dependence or tobacco use, was not incurred in or aggravated by service.

The Board has determined that the veteran does not have a current right knee disability related to his military service and finds no evidence of a compensable cervical spine disability. The claims for depression, left arm peripheral neuropathy, bilateral plantar fasciitis, and COPD/asthma are deferred pending completion of development.

The veteran's death was not caused by VA medical care, and the claim for DIC benefits under 38 U.S.C.A. § 1151 is denied.

The Board has denied service connection for the claimed conditions, finding no evidence of their onset or association with military service.

The Board denied the veteran's attempt to reopen his claim for service connection for COPD, finding that the new evidence submitted was not material and did not show that COPD is attributable to military service.

The Board has determined that the veteran's claims for respiratory disease, COPD, and emphysema are not supported by evidence of a nexus to service or Agent Orange exposure.

The Board found that the veteran's death was not caused by VA carelessness, negligence, or error in judgment. The cause of death was determined to be acute myocardial infarction due to severe coronary artery disease.

The Board found that the cause of the veteran's death was not related to his service-connected disabilities, but new evidence submitted since the last decision may suggest a connection between his service-connected conditions and his death.

The veteran's death was not due to a service-connected disability, and thus the claim for service connection for the cause of his death is denied. The appellant is also not entitled to service-connected burial benefits as her husband's death is not service-connected.

The Board found that the cause of death was not related to service, and therefore denied service connection for cause of death. The appellant is also not eligible for non-service-connected death pension benefits as she did not have qualifying service.

The Board found that the cause of death was not service-connected and denied DIC and DEA benefits. The veteran died from a myocardial infarction, but his service records are unavailable.

The Board denied the claim for service connection for the cause of death due to COPD, as there was no evidence linking COPD to service. The Board also found that diabetes and hypertension were not related to service or contributed to the veteran's death.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing proper VCAA notice.

The veteran died in November 2001 due to multiple conditions, including acute respiratory failure, community acquired pneumonia, diabetes mellitus, type II, chronic obstructive pulmonary disorder, ischemic heart disease, and senility. The Board found no evidence linking these conditions to service.

The Board has determined that the veteran's death was not caused by any service-connected disability, and thus denied the claim for service connection for cause of the veteran's death.

The veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by active duty service.

The Board has determined that the veteran's service-connected PTSD warrants a disability evaluation of 50 percent, reflecting significant impairment in social and occupational functioning.

The Board denied service connection for burns to the esophagus and a respiratory disability, including on the basis of exposure to ionizing radiation. The veteran's claims were not supported by competent medical evidence or a dose assessment.