COPD decisions — 2008

The Board has ordered a remand for additional development to determine the etiology of the veteran's respiratory disorder, including chronic obstructive pulmonary disease and the excision of a pulmonary nodule. The appeal is currently in remand status.

The Board denied the claims for service connection for cause of death, nonservice-connected death pension benefits, and accrued benefits due to lack of evidence linking the veteran's conditions to his active service.

The Board denied the veteran's claims of entitlement to service connection for bilateral hearing loss, CAD, and COPD. The decision found that current hearing loss did not have its onset in service or within one year after separation from active duty. For CAD and COPD, the evidence did not support a finding that these conditions were incurred during service or due to herbicide exposure.

The Board has determined that a remand is necessary to obtain additional VA medical records and to provide the veteran with an appropriate VA examination for his asbestosis. The TDIU issue is also inextricably intertwined and will be deferred until further notice.

The Board denied the veteran's claims for service connection for COPD, finding that it did not manifest during active service or within close proximity to such service. The Board also found no evidence of herbicide exposure and thus could not grant service connection based on presumptive exposure. Asbestos exposure was not considered as a basis for service connection.

The Board has granted service connection for a respiratory disability (diagnosed as COPD and bronchitis) on the basis of aggravation during active duty.

The veteran is granted earlier effective dates of October 26, 1984 for the award of a 60 percent rating for service-connected pulmonary tuberculosis with chronic obstructive pulmonary disease and for service connection for a thoracotomy scar.

The Board found that the appellant's lung condition, claimed as COPD, was not caused or aggravated by active service and denied his claim for hernia. The VA examination did not find a link between the current lung condition and service.

The Board determined that new and material evidence had not been submitted to reopen the veteran's claim for service connection for chronic obstructive pulmonary disease (COPD) as secondary to asbestos exposure, resulting in a denial of the claim.

The veteran's death was not caused by any service-connected condition, and the Board finds that the appellant does not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board found no evidence of asbestos exposure during service and no link between the veteran's current respiratory/pulmonary disorder, including COPD, and his military service. The acquired psychiatric disorder was also not linked to service.

The Board has determined that the veteran's respiratory disorder, claimed as asthma, is not causally related to disease or injury during his active service, including any exposure to asbestos.

The veteran's service-connected COPD is found to be severe enough to prevent him from securing and following any form of substantially gainful employment, warranting a TDIU rating.

The Board denied service connection for the cause of the veteran's death and did not determine eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35, as there was no evidence to support a finding that the veteran's death was caused by a service-connected disability or disabilities.

The Board has ordered a new VA examination to determine if the veteran's COPD is related to service, specifically his in-service TB test and prophylactic treatment. The case will be remanded for this purpose.

The veteran's death was not caused by any service-connected disability, and there is no evidence of a verified in-service stressor for PTSD. The claims for COPD, Hepatitis C, and PTSD were denied as the conditions are not related to his military service.

The Board found that the veteran's current COPD is not related to his service or a disease or injury of service origin, including his service-connected residuals of histoplasmosis. The COPD was deemed unrelated to service and not proximately due to or the result of a service-connected disability.

The Board found no evidence of COPD or asbestosis in service, and the only competent opinions regarding their etiology were against the claim. The veteran's smoking history was also considered.

The veteran's major depressive disorder is currently rated at 50 percent, and his claim for service connection of COPD as secondary to his depression has been reopened. The TDIU claim remains pending.

The Board denied the veteran's claims for service connection for chronic asthmatic bronchitis and entitlement to special monthly pension (SMP) on account of being in need of aid and attendance (A&A). The Board found that there was no evidence linking the claimed conditions to active duty, and thus denied both claims.