COPD decisions — 2008

The Board has remanded the case for further examination and development due to failure to report for VA examinations, as well as obtaining medical records from the Phoenix VAMC and Social Security Administration.

The Board has granted service connection for an anxiety disorder, finding that it is at least as likely as not related to the veteran's in-service exposure to fuel fumes. The claims for COPD and a stomach condition are remanded due to insufficient medical opinion regarding their etiology.

The Board denied the veteran's claims for service connection for the cause of his death, nonservice-connected death pension benefits, and accrued benefits due to lack of evidence supporting these claims.

The Board denied the veteran's claims for service connection for various conditions, including right knee condition, left knee condition, tinnitus, COPD/asthma, PTSD, bilateral hearing loss, diabetes mellitus, neuropathy of the legs and arms, and loss of use of a creative organ. The denial is based on lack of evidence linking these conditions to service or other presumptive exposure.

The veteran's claim for a higher level of special monthly compensation (SMC) and aid and attendance at the intermediate rate was denied as his service-connected conditions do not meet the criteria for such benefits.

The VA denied the veteran's claim for a compensable rating for his pulmonary tuberculosis, as it is inactive and related to chronic obstructive pulmonary disease (COPD) which developed from smoking.

The Board denied the veteran's claims for service connection for various conditions, including a psychiatric disorder secondary to his service-connected adenocarcinoma of the right lung, residuals of a stroke secondary to his service-connected adenocarcinoma of the right lung, chronic artery blockage, COPD, and an increased rating for a lobectomy scar. The veteran's claims were denied as there was no competent evidence linking these conditions to his military service or service-connected condition.

The Board has reopened the veteran's claim for service connection of chronic obstructive pulmonary disease (COPD) due to new evidence submitted, but finds that COPD was not caused by or related to his active military service.

The Board has ordered additional development to verify stressors and obtain medical records for the veteran's claims of service connection for COPD, PTSD, and a psychiatric disorder other than PTSD.

The Board denied the veteran's claim for service connection for COPD, finding that there was no evidence of a nexus between his current diagnosis and active military service.

The Board has determined that the veteran's COPD, claimed as a respiratory disorder, was not incurred or aggravated during his active military service.

The Board denied the veteran's claims for service connection for residuals of cold injury, tinnitus, and COPD. The claim for compensation under 38 U.S.C.A. § 1151 for right eye vision loss was also denied.

The Board has granted the veteran's claim for service connection for a pulmonary condition, claimed as COPD and/or asbestosis, related to asbestos exposure during service. The issue of entitlement to service connection for benign prostate hypertrophy is also addressed in this decision.

The veteran's death was not due to or the result of any event, injury, or disease of service origin. The Board finds that there is no medical evidence linking his death from heart and lung diseases to his military service. Therefore, burial benefits cannot be granted as a result of a service-connected disability.

The Board has determined that the veteran's COPD did not have its onset during active service and is not otherwise etiologically related to his service or a service-connected disability. The claims for PTSD, seizure disorder, hearing loss, rhinitis with sinusitis and headaches, and special monthly pension based on need for regular aid and attendance of another person or by reason of being housebound have all been denied.

The Board found that the veteran's current respiratory disorder is not related to service and denied his claim for service connection.

The veteran's COPD and emphysema are secondary to his service-connected tuberculosis, but the Board requires further examination to determine if these conditions were caused or aggravated by the tuberculosis.

The Board has determined that the veteran's unauthorized medical expenses incurred at St. Francis Hospital from May 5 to May 10, 2005 are eligible for payment or reimbursement due to a medical emergency and the unavailability of VA facilities.

The Board granted a 30 percent evaluation for asbestosis from September 22, 2005 to September 7, 2006 and a 60 percent evaluation beginning September 7, 2006. The veteran's respiratory limitations were attributed to his service-connected asbestosis.

The Board denied the veteran's claim for service connection for COPD secondary to asbestos exposure, finding that there was no evidence of a current disability and attributing the COPD to smoking. The Board concluded that the veteran did not have asbestosis or any other asbestos-related disease.