COPD decisions — 2007

The Board found that the veteran's death was not caused by a service-connected disability and denied both claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance benefits.

The Board found that the objective and competent medical evidence does not show a link between the veteran's current lung disorders, including COPD, and his military service. The VA examiner diagnosed the veteran with COPD due to smoking cigarettes, and did not find any evidence of asbestosis or asbestosis-related conditions.

The Board has determined that the veteran's respiratory disorder, including asthma, COPD, and emphysema, is related to his service exposure to fumes during his military service.

The veteran's claim for service connection for asbestosis, COPD, and emphysema is remanded due to the need for additional evidence regarding his exposure in service. The rating for tinea pedis remains unchanged.

The Board denied the veteran's claims for service connection for asthma and chronic obstructive pulmonary disease, as well as myeloproliferative disease, all of which were presumed to be due to exposure to Agent Orange. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The veteran is seeking service connection for a lung disability, including COPD. The case must be remanded to locate additional medical records from his time in the Oklahoma Army National Guard and readjudicate the claim.

The Board has determined that the veteran's chronic obstructive pulmonary disease was not incurred or aggravated by service, including herbicide exposure. As a result, the claim for service connection is denied.

The Board has granted a 100 percent disability rating for the veteran's tuberculosis, pulmonary and COPD. The issue of entitlement to TDIU is dismissed as moot due to the grant of a higher rating.

The Board found that there was no medical evidence or competent opinion linking the veteran's fatal lung cancer and COPD to service, resulting in a denial of the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran does not have a currently diagnosed pulmonary disorder, and thus cannot establish service connection for his claimed conditions.

The veteran died in July 2005 from gall bladder cancer. The Board found no evidence linking the cause of death to service.

The veteran's heart disease, other than hypertension, is not service-connected. The claim for residuals of a bronchial concussion and COPD was denied as the condition is considered direct service connection without any presumption or secondary linkage to service-connected conditions. The veteran's PTSD claim resulted in an increased rating but no new grant of service connection.

The veteran is seeking a higher rating for asbestosis and COPD, but the case has been remanded due to incomplete pulmonary function testing.

The Board has reopened the claim for service connection for right ankle arthritis and remanded it for further development. The COPD secondary to asbestos exposure issue is also being remanded for additional development.

The veteran's death was not caused by a service-connected disability, and the VA did not provide appropriate care or treatment that could have prevented his death. The Board finds further development is needed to determine if the VA provided proper care.

The veteran died from a stroke, which is not service-connected. His service-connected hearing loss and tinnitus did not cause his death. The RO granted service connection for hearing loss with a rating of 100% effective October 29, 2003.

The Board found that the veteran's current respiratory disabilities are not related to his active duty service and denied his claim for service connection.

The Board has determined that the veteran's COPD and PTSD were not incurred in or aggravated by active service.

The Board has remanded the case to the RO for readjudication of the claims to reopen service connection for COPD/bronchitis and a lumbar spine disorder, taking into account all evidence received since the April 8, 2006 statement of the case.

The Board denied service connection for anemia, chronic fatigue syndrome, and chronic obstructive pulmonary disease as secondary to the veteran's service-connected disabilities. The evidence did not establish a direct relationship between these conditions and his active service.