COPD decisions — 2007

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and thus denied both the claim for service connection for the cause of death and DIC benefits under 38 U.S.C. § 1318.

The Board found that the veteran's death was due to a combination of cardiovascular risks, including coronary artery disease and chronic obstructive pulmonary disease. The service-connected diabetes mellitus did not contribute materially or substantially to his cause of death.

The Board found that the veteran's COPD was not incurred in or aggravated by service and denied his claim for service connection. The issue of compensation under 38 U.S.C.A. § 1151 for residuals of a cerebrovascular disorder, heart attack, pneumonia, chronic renal failure, and a visual field loss as a result of surgery performed during hospitalization at a VA facility between December 1998 and February 1999 is addressed in the REMAND portion of the decision.

The Board denied the veteran's claims for service connection for COPD, disability of the feet and ankles, spinal stenosis, and bilateral hip disability - avascular necrosis due to lack of evidence of a current disability.

The Board found that the veteran does not have a lung disability related to his military service.

The veteran's appeal is remanded for additional development, including a VA examination and consideration of his claims for increased COPD rating and service connection for lung cancer.

The Board denied the veteran's claims for service connection for major depressive disorder, residuals of a head injury, and COPD including as due to asbestos exposure. The VA examiners found no direct link between these conditions and his military service.

The Board has remanded the case for further development to clarify whether the veteran's COPD existed prior to his period of active duty training in September 1986, or was initially manifested during that tour of duty.

The veteran's claims for service connection and increased ratings are being remanded to the RO for further development, including additional medical inquiry. The case will be returned to the Board for further consideration.

The Board has denied the veteran's claim for service connection for COPD, finding that there is no competent evidence linking his COPD to asbestos exposure or toxic fumes in service.

The Board has remanded the case for further development due to missing service medical records and a lack of VA treatment records from 1972 to August 2000.

The Board has granted service connection for the veteran's disabilities, including avitaminosis and other nutritional deficiencies, malnutrition, malaria, residuals of stroke (right-sided hemiparesis), COPD, ischemic heart disease, peptic ulcer disease, irritable bowel syndrome, antral gastritis, osteoarthritis, and degenerative disc disease. These conditions are presumed to have been incurred in service as a POW.

The Board found that the veteran's death was not caused by VA negligence or carelessness, and thus denied the claim for DIC under 38 U.S.C.A. § 1151.

The Board found that the veteran's cause of death was not related to service or any service-connected conditions, including exposure to mustard gas during his active duty in Italy. The medical evidence did not support a finding of full-body exposure to mustard gas and there is no evidence showing the veteran was present at the German air raid on Bari harbor in World War II.

The Board has determined that additional records are needed, including SSA records and medical examinations for the veteran's cold injuries and eye conditions. The case is being remanded to obtain these records and conduct necessary evaluations.

The Board found no evidence of a current disability related to service-connected asbestos exposure, and denied the veteran's claim for service connection for respiratory disorder including asbestosis and COPD.

The veteran's claim for service connection for COPD due to tobacco use in service is denied as it falls under a regulation prohibiting such claims after June 9, 1998. The Board also found that the veteran does not have any other service-connected disabilities and thus cannot meet the criteria for a TDIU rating.

The veteran's combined rating is 50%, which does not meet the requirements for a permanent and total disability rating on an extraschedular basis due to his age, education, and occupational background. The Board finds that he is not unemployable by reason of his disabilities.

The veteran's service-connected asthma with COPD is rated at 60 percent disabling, but the evidence does not show that it alone precludes her from securing and following a substantially gainful occupation. The Board therefore denies TDIU.

The Board denied the claim of service connection for the cause of the veteran's death, finding no competent medical evidence linking his service-connected major depressive disorder to his death or to his underlying respiratory conditions.