COPD decisions — 2008

The Board denied an earlier effective date for the grant of service connection for asbestosis, including COPD and bronchial asthma. The earliest effective date available is February 7, 1999.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a respiratory examination. The veteran's claims for service connection are pending.

The veteran is granted a disability rating of 60 percent for his COPD.

The Board found that COPD is not etiologically related to inservice asbestos exposure and denied the claim for service connection.

The RO has granted service connection for hearing loss of the left ear with a non-compensable evaluation and denied claims for hearing loss of the right ear, tinnitus, and COPD. The veteran is requested to schedule a videoconference hearing.

The Board denied service connection for a respiratory disorder, including as due to an undiagnosed illness. The veteran's current respiratory complaints are related to diagnosed chronic obstructive pulmonary disease (COPD), which is not shown in service and has not been continuous since service separation.

The Board has remanded the case due to the need for a medical opinion regarding whether the veteran's service-connected disabilities, including his gunshot wound residuals and COPD, contributed to cause or hastened his death.

The Board found that the veteran does not have a current chronic low back disorder, COPD, or hypertension that is due to any incident or event in military service.

The veteran's appeal is being remanded for further development, including obtaining SSA records and arranging for a VA examination to determine if the veteran has a current sleep disability related to his active duty service.

The veteran's COPD with history of asthma is currently rated at 30 percent, and the Board has granted a 60 percent rating based on improved post-bronchodilator FEV-1 values.

The veteran's nicotine dependence and COPD are service connected, while his CHF is not.,Service connection for COPD was granted based on its secondary nature to asbestos exposure during service.

The Board found no current diagnoses of asbestosis, COPD, or bilateral pleural calcification with chronic interstitial fibrosis. The veteran's claims for service connection were denied because the evidence did not support a finding that these conditions are related to his military service.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any service-connected disability to his death. The appeal for nonservice-connected death pension benefits is also denied as the appellant did not meet the net worth and income requirements.

The Board has determined that the veteran's current asthma, which had its onset during active duty, is service-connected.

The VA granted a 60 percent evaluation for chronic lumbar strain with post-operative laminectomy and disc surgery, effective March 10, 2001. They also granted a TDIU rating effective from the same date.

The Board found that the veteran's current lung condition, diagnosed as COPD, was not incurred in or related to his active military service.

The Board has remanded the case for additional development, including obtaining medical records and providing examinations to determine the etiology of the veteran's claimed conditions.

The veteran died from non-service-connected causes and was not buried in a state or national cemetery. Therefore, the claim for non-service-connected burial benefits and plot allowance is denied.

The Board found that the overpayment of compensation benefits for a dependent spouse was properly created and denied the veteran's appeal.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Mountain View Regional Medical Center on May 9, 2005 due to lack of a medical emergency and the availability of VA facilities.