COPD decisions — 2008

The veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal.

The Board found that the veteran's COPD and emphysema did not manifest in service, are not etiologically related to any in-service injury or disease, including herbicide exposure during service in Vietnam, and may not be presumed to have been a result of herbicide exposure. As such, his claim for service connection was denied.

The Board has remanded the case for further development, including obtaining medical records from the FAA and scheduling a hearing at the RO.

The veteran's claim for service connection for residuals of pneumonia, including COPD, has been denied as there are no current residuals of the pneumonia and the evidence does not support a finding that he incurred or aggravated any disability during his military service.

The veteran's death was caused by sepsis due to staphylococcus infection, and other significant conditions contributing to his death were COPD, diabetes, vascular Dementia, Alzheimer's Dementia, prostate cancer, and myocardial infarction. The Board is remanding the case for further development including a file review by an appropriate examiner to determine if there is a causal nexus between any service-related event and the cause of the veteran's death.

The Board denied the veteran's claims for service connection for epidermoid carcinoma of the base of the tongue, scar tissue around neck artery and residuals of a stroke as secondary to treatment for cancer of the base of the tongue, respiratory disorder including COPD, and heart disorder including pacemaker implantation and hypertension. The evidence did not establish that these conditions were related to service or herbicide exposure.

The Board has granted a 30 percent evaluation for COPD, but denied service connection for the residuals of left pyriform sinus carcinoma. The appeal is mixed as it includes both granted and denied issues.

The Board denied service connection for psychoneurosis in 1956, finding the condition existed prior to service and was not aggravated by it.,New evidence submitted since then does not relate to an unestablished fact necessary to substantiate the claim of service connection for psychoneurosis/depressive reaction (claimed as emotional instability).

The Board has remanded the veteran's claim for service connection for COPD and the issue of an earlier effective date for TDIU due to service-connected COPD. The AOJ is instructed to adjudicate these issues.

The veteran's service-connected disabilities have been rated as 100 percent disabling in combination, including post-traumatic stress disorder, low back disorder, and diabetes mellitus. The VA examiner concluded that the veteran's impairment from diabetic neuropathy effectively renders him without the use of his lower extremities, necessitating the use of a wheelchair for locomotion.

The Board has denied the veteran's claims for service connection for a respiratory disability and left knee arthritis, finding no evidence of such disabilities in service or within one year post-service. The diagnoses were known clinical entities not related to service.

The Board has determined that the veteran's COPD was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Board denied the appellant's claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) based on her husband's service-connected disabilities, finding that he was not rated as totally disabled for at least eight years prior to his death.

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

Service connection for COPD is denied as there is no evidence of a chronic respiratory disorder in service or within one year after separation.,Service connection for the left ring finger disorder is denied as there is no current diagnosis and no evidence of treatment related to this condition.

The veteran's claim for a compensable initial evaluation for service-connected residuals of lung cancer and special monthly compensation based on loss of use of a creative organ was denied. The Board found that the veteran did not meet the criteria for special monthly compensation due to incomplete erectile dysfunction, which prevented him from losing use of a creative organ.

The Board has determined that the veteran's lung disability, claimed as COPD, to include as due to asbestos exposure, was not incurred in or aggravated by his active duty service.

The Board has denied the veteran's claim for service connection for a respiratory disorder, including chronic obstructive pulmonary disease and bronchial asthma, finding that there is no clear and unmistakable evidence to show that his pre-existing conditions were aggravated by service.

The Board has determined that the veteran's chronic obstructive pulmonary disease is due to his exposure to asbestos in service and grants service connection for this condition.

The Board has remanded the veteran's claim for service connection for COPD due to asbestos exposure, as well as his attempt to reopen previously denied claims for service connection for asbestosis and silicosis. The case is being referred back to the AMC/RO for further action on these issues.