COPD decisions — 2008

The Board has decided to remand the case for additional development, including obtaining VA medical records and a VA examination. The appellant's claim of service connection for a respiratory disorder is being considered based on new evidence that reopened his previously denied claim.

The Board has determined that the veteran's service connection claims for COPD and carcinoma of the nasal valve area should be remanded due to insufficient medical opinions regarding the relationship between these conditions and his military service, particularly exposure to herbicides.

The Board has remanded the veteran's claims for service connection for COPD and coronary artery disease with hypertension and angina to allow for further development, including obtaining medical records and scheduling VA examinations.

The Board found that the veteran's cause of death, Chronic Obstructive Pulmonary Disease (COPD), was not caused by any incident of service and denied the claim for service connection.

The Board found that the veteran's cause of death, COPD and pneumonia, was not caused by any incident of service or related to his service-connected scars. As a result, service connection for the cause of the veteran's death is denied.

The Board found no evidence of COPD during service and concluded that the veteran's current condition is not related to his military service, specifically denying his claim for service connection.

The Board has denied the veteran's claims of entitlement to service connection for COPD as a result of asbestos exposure, hearing loss of the left ear, and residuals of nose, right eye, right jaw, and right teeth injuries. The claims are based on direct service connection.

The Board found that the veteran's left knee patellofemoral syndrome, lumbar spine disability, COPD, and hypertension were not incurred or aggravated by service. The evidence did not support a finding of chronicity for any of these conditions.

The veteran's service-connected disabilities, including a left knee disability rated at 60 percent disabling; residuals of a neck disability rated at 10 percent disabling; COPD rated at 10 percent disabling and residuals of a nose fracture rated noncompensable, render the veteran unemployable. The Board finds that entitlement to individual unemployability is warranted.

The VA determined that the veteran's death was not caused by his service-connected bronchiectasis, but rather by a combination of multiple underlying conditions including COPD and renal failure. The VA medical opinion concluded that there is no evidence to suggest that the service-connected bronchiectasis contributed to the veteran's death.

The Board has determined that the veteran's chronic obstructive pulmonary disease is not related to service, including any asbestos exposure during service. The claim for service connection is denied.

The veteran's claims for service connection are being remanded due to the need for additional medical records and further development.

The Board has granted service connection for nicotine dependence and emphysema and COPD, secondary to nicotine dependence. Effective dates and disability ratings will be assigned by the RO.

The Board has found no evidence of a causal relationship between the veteran's current pulmonary disorders and service or exposure to herbicide agents in Vietnam, thus denying his claim for service connection.

The veteran is seeking increased ratings for his service-connected scars and seeks to establish service connection for various conditions.,The veteran also seeks termination of his nonservice connected pension award.,The veteran claims service connection for fibromyalgia, chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), a bone disease, and COPD. He also seeks an increased rating for his scars.,He is seeking to establish service connection for these conditions based on various theories of entitlement including new and material evidence, secondary service connection, and direct service connection.,The veteran's nonservice connected pension was terminated in April 2005 due to his fibromyalgia. He disagrees with this decision and seeks reinstatement of the award.

The Board has granted a 20 percent rating for the service-connected degenerative joint disease of the lumbosacral spine from December 6, 2005. The claim for increased ratings for COPD remains unresolved.

The Board has remanded the case for further development, including obtaining evidence of asbestos exposure during service and determining whether COPD and emphysema are related to asbestos exposure. The veteran's hearing loss is also being evaluated.

The Board finds that the veteran's death was caused by a service-connected condition (COPD) attributable to tobacco products, and therefore the appellant is statutorily prohibited from receiving DIC.

The Board has determined that the veteran's service-connected cold injuries likely contributed to his death from COPD and end stage renal disease, resolving doubt in favor of the appellant.

The veteran has withdrawn his appeals for all listed conditions, including those related to herbicide exposure. The Board does not have jurisdiction to consider these matters as the appellant's request to withdraw his appeal is now in effect.