COPD decisions — 2008

The Board has determined that the cause of the veteran's death was not service-connected, and therefore DIC benefits are denied. The veteran's hepatitis C, cirrhosis, and COPD were not incurred during active duty service.

The Board found that the veteran's claimed conditions of COPD, heart disease, PTB, and emphysema were not incurred or aggravated by service. The evidence did not show a nexus between these conditions and his military service.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for COPD, claimed as asthma and emphysema. The veteran's exposure to mustard gas during military service was not established, and his current respiratory disorder is not related to his service.

The Board is considering whether new and material evidence has been submitted to reopen the claim for service connection for the cause of the veteran's death. The issue also includes determining if the veteran's service-connected tuberculosis contributed to his death in combination with his non-service-connected right lung cancer.

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

The Board denied the claim for service connection for residuals of pneumonia, finding that they were not proximately due to or aggravated by his service-connected CAD.

The veteran's spouse is not entitled to an earlier effective date for increased compensation due to the failure to timely submit a Declaration of Status of Dependents form.

The Board denied the appellant's request to reopen her claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

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

The Board has determined that service connection is not warranted for the claimed conditions, including arthritis of the cervical spine and hands/wrists, a right shoulder disorder, an eye disorder (including glaucoma), bilateral hearing loss, bronchiectasis, COPD with asthma, hypertension, stomach ulcers, liver sclerosis, GERD/hiatal hernia, prostate disorder, or any other condition. The veteran's claims are denied.

The Board has remanded the case due to errors in notice and for additional development, including obtaining medical records and scheduling examinations.

The Board denied service connection for COPD and declined to reopen the veteran's claim of depression. The decision found that COPD was not related to service, and no new and material evidence had been submitted to reopen the depression claim.

The Board finds that the veteran's service-connected PTSD contributed substantially or materially to cause his death from alcoholic liver disease, and grants service connection for the cause of the veteran's death.

The Board denied the veteran's claim of service connection for a lung disorder, including COPD and asbestosis, due to lack of new and material evidence.

The Board found that the veteran's service-connected anxiety reaction did not significantly or materially contribute to his congestive heart failure, which resulted in his death. Therefore, the claim for service connection for the cause of the veteran's death was denied.

The Board denied service connection for a respiratory disorder to include asthma and COPD, as well as a heart disability. The veteran's tinnitus was rated at the maximum schedular rating of 10 percent.

The Board denied the veteran's claims for service connection for asbestosis, asthma, and COPD due to asbestos exposure. The evidence did not support a current diagnosis of these conditions or establish their relationship to active service.

The veteran's claim for TDIU based on service-connected disabilities is being remanded due to the need for a new hearing.

The Board is remanding the veteran's claim for service connection for COPD to the RO for further development and readjudication in compliance with directives specified in a joint motion.

The Board has remanded the case for further development to determine if the veteran was exposed to asbestos during service and whether his current lung disorders and psychological conditions are related to that exposure.