COPD decisions — 2008

The Board has determined that additional development is needed in order to properly adjudicate the veteran's claims for service connection, death pension benefits, and accrued benefits. Specifically, a VA opinion is required regarding the relationship between the cause of the veteran's death and his military service, as well as an SOC must be issued on the appellant's pending claims.

The veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Board is remanding the claims for service connection for a low back disorder, respiratory disorder due to asbestos exposure, and left shoulder disability for further development.

The Board found that the veteran's cause of death, chronic obstructive pulmonary disease (COPD), was not incurred in or aggravated by active service and is not related to a service-connected disability. The claim for service connection for the cause of the veteran's death was denied.

The veteran's COPD has been rated at 10 percent, and the Board has granted a rating of 100 percent based on right ventricular hypertrophy and pulmonary hypertension.

The veteran died from laryngeal carcinoma with underlying pneumonia and COPD. The VA denied the claim for nonservice-connected burial benefits as he was not in receipt of VA compensation or pension at the time of his death, did not die while hospitalized by VA, and had no pending claims for such benefits.

The veteran died from cardiorespiratory arrest with COPD as a significant condition. The service-connected conditions did not cause or contribute to his death, and there is no evidence of any service connection for the causes of death.

The Board has granted a 60% evaluation for service-connected residuals of bronchitis, chronic obstructive pulmonary disease from February 13, 2004. The effective date for the grant of a 100% evaluation is set at December 20, 2004.

The Board has denied the veteran's claims for service connection for COPD and dry eye syndrome, finding that there is no evidence linking these conditions to his military service. The claim for a low back disability was not addressed as it pertained to reopening an old claim rather than initial service connection.

The Board has granted the veteran's claim to reopen his service connection for residuals of pneumonia and remanded the case for additional development. The issue is now whether there is a direct link between the veteran's in-service pneumonia and his current COPD.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes due to his age, education, and occupational history.

The Board has remanded the veteran's claims due to incomplete development and need for additional evidence.

The Board has determined that the veteran's diabetes mellitus, type II, coronary artery disease, chronic obstructive pulmonary disorder (COPD), and sleep apnea are not service-connected as they were not incurred or aggravated during his military service.

The Board has reopened the claim for service connection for COPD due to new and material evidence submitted since the March 2005 rating decision. However, the Board found no evidence linking the veteran's current COPD to his military service.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been presented.

The Board found that the veteran's COPD and arteriosclerotic heart disease were not incurred in or aggravated by service, and denied both claims.

The Board found that the veteran did not have service in Vietnam and thus could not be presumed to have been exposed to herbicides. The COPD was not diagnosed until many years after separation from service, and there is no evidence linking it to service or exposure to herbicides. Therefore, service connection for COPD was denied.

The Board has denied the veteran's claims for service connection for COPD, a back disability, and hepatitis C. The evidence does not support a finding that these conditions are related to his military service.

The Board found that the veteran's pulmonary disabilities, including restrictive lung disease, COPD, and bronchitis, were not incurred in or aggravated by service. The presumption of soundness at entry is rebutted.

The Board found that new and material evidence has not been received to reopen the claim of service connection for the veteran's cause of death.