COPD decisions — 2008

The Board has remanded the case due to procedural issues and the need for additional evidence, including a VA examination for hearing loss.

The Board found that the veteran's death was not a result of VA carelessness, negligence, or error. Therefore, DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Board found that the veteran's claimed exposure to gas agents in service was not supported by evidence, and there is no competent medical evidence linking his current COPD to service. The claim for service connection for COPD is denied.

The Board found that the veteran's COPD and benign lesion of the lung, status post right lobectomy were not incurred in service. The Board also determined that these conditions are not related to herbicide exposure as they are not among the diseases listed under 38 C.F.R. § 3.309(e). As a result, the claims for service connection were denied.

The Board is remanding the case for further development, including obtaining medical opinions and private treatment records. The appellant's claim will be readjudicated after these actions.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, loss of balance, and chronic obstructive pulmonary disease. The appeals were based on direct service connection, but no evidence was provided to support these claims or link any current conditions to service.

The Board has remanded the case for further development, including a DLCO (SB) test and proper VCAA notice. The veteran's COPD rating is currently at 10 percent.

The Board has determined that the veteran's spouse requires regular aid and attendance due to her multiple physical conditions, including osteoarthritis and statis myositis. The evidence supports this finding based on medical statements and testimony from the veteran and his grandson.

The Board found that the veteran's current COPD did not have its onset in service and is unrelated to his military service, thus denying his claim for service connection.

The veteran is seeking service connection for a lung condition, diagnosed as bronchiectasis and chronic obstructive pulmonary disease. The Board has determined that further development of the record is needed to decide this claim.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a respiratory disorder.

The Board found that the veteran's COPD and chronic sinusitis are not related to her service, including exposure to asbestos. The claims for service connection were denied.

The Board has determined that additional development is needed to address the veteran's claims for service connection, including obtaining medical records and conducting an audiological examination.

The veteran's disabilities do not meet the criteria for special monthly pension by reason of being in need of regular aid and attendance or housebound.

The Board has granted service connection for nicotine dependence, emphysema/COPD, and bladder cancer due to tobacco use in service for accrued benefits purposes.

The Board denied the veteran's claims for service connection for an eye disorder and COPD. The decision concluded that COPD was not related to active service, including exposure to herbicides.

The veteran's fatal conditions were not caused by any incident or illness that occurred during his service.

The Board has determined that the veteran's respiratory disorder, including COPD, is not etiologically related to active service and therefore denied his claim for service connection.

The veteran's claim for special monthly pension by reason of need for regular aid and attendance has been granted due to his multiple nonservice-connected disabilities, including COPD with sleep apnea, major depressive disorder, lumbar stenosis, diabetes mellitus (type II), and hypertension. The Board found that the veteran requires daily assistance in performing certain activities.

The Board denied service connection for PTSD and other psychiatric disorders in August 2005. The veteran's claims for various other conditions have been remanded due to the need for a thorough medical examination.