COPD decisions — 2007

The Board has determined that the veteran's COPD and bilateral hearing loss are not related to service, including exposure to asbestos or noise. The claim for service connection is denied.

The Board found that COPD was not incurred in or aggravated by service and denied the claim.

The veteran's claims are being remanded due to the need for additional VA medical records from his treatment at the Amarillo and Lubbock VAMCs. The RO will review these records and re-adjudicate the claims.

The Board has granted payment or reimbursement of unauthorized emergency room expenses incurred at Proctor Hospital beginning on January 16, 2005.

The Board found that the veteran's right knee, hip, foot, back, and respiratory disabilities were not incurred or aggravated by service. The preexisting conditions were determined to have existed prior to service and no aggravation was shown during service.

The veteran's claims for service connection for chronic cough, headaches, fatigue, and joint pain have been partially granted due to presumed undiagnosed illness related to his military service in the Southwest Asia theater of operations during the Persian Gulf War. The veteran is still seeking service connection for these conditions.

The veteran's claim of entitlement to service connection for chronic obstructive pulmonary disease is being remanded due to the need to locate missing service medical records and obtain additional evidence, including private medical records and a newspaper clipping.

The veteran's daughter is not eligible for Survivors' and Dependents' Educational Assistance (DEA) benefits because her 26th birthday occurred before the effective date of the veteran's permanent and total disability rating.

The Board denied the veteran's claims for service connection for various conditions, including colon cancer and COPD, all of which were attributed to asbestos exposure. The Board found that there was no evidence linking these conditions to service or any other inservice event.

The Board found that the veteran does not have asbestosis or any other disease associated with asbestos exposure, and thus denied service connection for asbestosis. For special monthly pension, the Board determined that the veteran is not in need of regular aid and attendance due to his disabilities.

The Board found that the cause of the veteran's death, chronic obstructive pulmonary disease, was not incurred in or aggravated by service. The evidence did not show a link between the veteran's military service and his death.

The Board has reopened the appellant's claim for service connection for COPD/emphysema and found new and material evidence to support this claim. The case is now remanded for further development of his exposure history.

The Board has determined that additional development is needed for the veteran's claim of entitlement to service connection for COPD, including as secondary to his service-connected pulmonary tuberculosis. The case is REMANDED for further action.

The Board denied service connection for a respiratory disorder and did not reopen the claims for residuals of removal of the left saphenous vein or sterility (claimed as hypogonadism).

The Board found that the veteran did not have additional COPD or blindness as a result of VA treatment, and thus denied his claims under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have a current diagnosis of PTSD or asbestosis, and there is insufficient evidence to establish service connection for these conditions. The acquired psychiatric disability (generalized anxiety disorder) was found not related to service.

The veteran's cause of death (respiratory failure, cardiopulmonary arrest, and COPD) was not caused by or related to service-connected conditions. The veteran did not have a permanent total disability due to his service-connected anxiety disorder.

The Board has denied the veteran's claims for service connection for various conditions, including heart disorders and shell fragment wounds to his back. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has determined that the veteran's COPD is related to his military service, specifically exposure to asbestos during his time in the Navy. The benefit of doubt has been given to the veteran, and he is granted service connection for COPD.

The Board has determined that the veteran does not have a low back disability related to service, and his respiratory disability is not linked to service. The cervical spine disability was also found not to be related to service or his service-connected right shoulder disability.,As such, the claims for service connection for these conditions are denied.