COPD decisions — 2008

The Board has denied the veteran's claims for service connection for COPD, chronic bronchitis, cancer of the stomach, and a heart condition due to the prohibition on service connection for disabilities resulting from the use of tobacco products.

The Board has remanded the case for further development, including obtaining medical records and a VA medical expert opinion to determine if service-connected conditions contributed to the veteran's death.

The Board has decided to remand the case for additional development, including obtaining updated medical records and scheduling a VA respiratory examination.

The Board found that the veteran's current respiratory disabilities are not related to his service or herbicide exposure, and thus denied his claim.

The veteran's service-connected COPD does not result in loss or permanent loss of use of one or both feet, loss or permanent loss of use of one or both hands, or permanent impairment of vision of both eyes. Therefore, the criteria for financial assistance in purchasing an automobile with adaptive equipment or adaptive equipment only are not met.

The veteran's conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound. The Board found that he does not have a factual need for aid and attendance, nor is he substantially confined to his home.

The Board found that the veteran's right ankle arthritis and COPD are not related to his military service, including exposure to asbestos. The examiner indicated it is less likely than not that these conditions were caused by his time in the military.

The Board has determined that the veteran's COPD existed prior to service and was permanently aggravated by service. The right ankle condition, left ankle condition, and left arm tingling are presumed to have been caused by undiagnosed illness due to exposure in Southwest Asia during the Gulf War.

The Board denied the veteran's claims for an increased disability rating for his service-connected left pleural cavity injury and service connection of COPD claimed as secondary to that condition. The appellant is seeking accrued benefits based on these pending claims at the time of her husband's death.

The Board denied the veteran's claims for service connection for PTSD, sinusitis, and COPD. The evidence did not support a finding of in-service onset or relationship to service.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to use assistive devices.

The Board has ordered a remand for additional development, including obtaining the appellant's service medical records and Army National Guard records. A VA pulmonary examination is needed to determine if any current pulmonary disorders are related to service exposure to smoke from burning oil wells in Kuwait and Saudi Arabia.

The Board has determined that the veteran's physical incapacity requires regular aid and attendance of another person to protect him from hazards or dangers incident to his daily environment, warranting special monthly pension.

The Board denied the veteran's claims for service connection for cervical radiculopathy, shoulder and arm disability, depression, COPD, and TDIU. The new evidence submitted did not support reopening of the claim for cervical radiculopathy.

The Board has determined that additional development is needed to address the merits of the veteran's claims on appeal, including appointing a new representative and obtaining SSA award letter and related evidence. A VA genitourinary and psychiatric examination is also required.

The November 2006 Board decision denied entitlement to a rating in excess of 30 percent for hiatal hernia, and denied an effective date prior to August 18, 1995, for the grant of service connection for COPD/chronic bronchitis, as well as grants of increased ratings and TDIU. The veteran now contends that these determinations contain clear and unmistakable error (CUE).

The Board has determined that the veteran's claims for service connection for coronary artery disease, chronic obstructive pulmonary disease, and cholesteatoma with right ear hearing loss are not supported by the evidence of record. The Board finds no medical evidence linking these conditions to his military service.

The Board found that pneumonia and severe COPD were not related to service, and the veteran's other service-connected disabilities did not contribute substantially or materially to his death. Therefore, the claim for service connection for the cause of the veteran's death was denied.

The Board denied the veteran's claims for service connection for PTSD, bronchitis, and COPD. The decision also noted that new evidence did not raise a reasonable possibility of substantiating the claim of service connection for bronchitis.

The Board has determined that the veteran's death was not caused by his service-connected asthma, and therefore denied the claim for service connection for the cause of the veteran's death.