COPD decisions — 2008

The Board has ordered the case to be remanded for additional development, including obtaining SSA records and VA medical records.

The Board denied the veteran's claims of service connection for bronchitis and a respiratory disorder, including asthma and emphysema with COPD. The evidence did not establish an etiological link between his current conditions and his active service.

The Board has denied service connection for COPD, bronchitis, emphysema, hypertension, osteoporosis, and degenerative joint disease, all of which are presumed to be related to Agent Orange exposure.

The Board has granted service connection for COPD, finding that the veteran's current diagnosis of COPD is related to his in-service asbestos exposure and resolving doubt in favor of the veteran.

The Board has granted service connection for pleural asbestosis and remanded the issues of chronic bronchitis and COPD to allow for further development.

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

The veteran has withdrawn his appeal for an increased rating for Hodgkin's disease with COPD due to mediastinal post radiation fibrosis, and is satisfied with the current rating and special monthly compensation based on housebound criteria.

The veteran disagrees with the overpayment of compensation benefits for his son, who is still in high school. The case is being remanded to the RO for issuance of a Statement of the Case.

The Board found that the veteran's COPD did not meet the criteria for a rating in excess of 60 percent, either under the regulations in effect at the time his claim was filed or under the revised regulations. The evidence showed that his condition did not meet the severity requirements for a higher rating.

The Board has granted service connection for COPD with emphysema and increased the rating to 10 percent, effective from June 9, 1998. The claims for acute pancreatitis (claimed as a stomach disorder) and sleep disorder were not supported by the evidence presented.

The Board has determined that there is no evidence of a nexus between the veteran's COPD and his military service, including exposure to jet exhaust fumes. The claim for service connection for COPD is denied.

The Board found that the appellant's respiratory and cardiovascular disabilities did not have their onset during service or within one year of separation, and are not etiologically related to his military service. The claims for service connection were denied.

The Board denied the veteran's claims for a compensable evaluation for histoplasmosis, status post thoracotomy and service connection for chronic obstructive pulmonary disease and emphysema due to asbestos exposure. The evidence did not support a finding that the veteran's current COPD and emphysema were related to his military service or asbestos exposure.

The Board has reopened the veteran's claims for bilateral hearing loss and tinnitus, but denied service connection for COPD. The new evidence received since the final decisions supports reopening of the hearing loss and tinnitus claims.

The Board has determined that additional development is needed to address the merits of the appellant's claim for service connection for the cause of the veteran's death, specifically whether COPD contributed to his death.

The Board denied the veteran's claims of entitlement to service connection for COPD and hypertension, finding that there was no evidence linking these conditions to his military service.

The veteran does not have a current right ankle or tibia/fibula disability related to his military service.,There is no evidence of a current residual disability from the in-service right tibia/fibula fracture.

The veteran's claim for service connection for PTSD was denied. The RO awarded a 20 percent disability rating for residuals of a fractured mandible effective June 17, 2003, and the veteran appealed this decision regarding the effective date.

The Board found that the veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance of another person or being housebound.

The Board denied the veteran's claims for service connection for COPD and BPH, both of which were presumed to be due to Agent Orange exposure. The issues of PTSD and a disorder causing sleep disturbance are addressed in the REMAND portion.