COPD decisions — 2009

The Board denied the Veteran's claims for service connection for COPD and a pulmonary nodule, finding that there was no evidence linking these conditions to his time in active service or to exposure to asbestos.

The Board has determined that the Veteran's lung disability, characterized as COPD and asthma, is attributable to service.

The Board denied the Veteran's claims for service connection for COPD and TDIU. The effective date of the grant of service connection for Crohn's disease was set at May 18, 2006.

The Board has denied the Veteran's claims for service connection for COPD and a sleep disturbance, including sleep apnea. The evidence does not support a finding that these conditions are related to his active service.

The Board found that the appellant's current pulmonary emphysema/COPD is not related to his military service or any incident thereof, including asbestos exposure. The claim for service connection was denied.

The Veteran's claims for service connection for COPD, coronary artery disease with congestive heart failure, and diabetes mellitus were denied as there was no current diagnosis of these conditions at the time of his death. The claim for agnogenic myeloid metaplasia with myelofibrosis, claimed as bone cancer with anemia, was not addressed due to lack of a current diagnosis.

The Board found that the Veteran's diabetes did not contribute to his death, and thus denied service connection for the cause of death. The claim for DIC under 38 U.S.C.A. § 1318 was also denied.

The Board found that the Veteran's cause of death, chronic obstructive pulmonary disease (COPD), was not caused or contributed to by any service-connected disability. The VA medical opinions provided were deemed more probative than the opinion from Dr. D.A.G.

The Board finds that the preponderance of evidence does not support a finding that the Veteran's current respiratory disorder, including COPD, is related to asbestos exposure in service. The VA medical opinions are more persuasive than the private opinions.

The Veteran has effectively lost the use of both her upper and lower extremities due to her service-connected chronic obstructive pulmonary disease, which qualifies her for financial assistance in purchasing an automobile or adaptive equipment.

The Board denied service connection for a chronic lung disease, including bronchitis and COPD, or a claimed chronic disability manifested by chest pain, to include as due to exposure to mustard gas.

The Veteran's claims for service connection for PTSD, a low back disability, asthma and COPD, an enlarged prostate, impaired sensation in the left side and foot, and allergic rhinitis have all been denied. The Board found that there was no evidence of PTSD or any other psychiatric condition during service or at any time thereafter. There is also insufficient evidence to support the Veteran's claimed stressors for PTSD. For the back disability, asthma and COPD, and enlarged prostate, the record does not show a diagnosis or treatment related to these conditions in service or within one year after discharge. The claim for allergic rhinitis was denied as there is no current diagnosis of this condition.

The Veteran's death was attributed to respiratory failure due to chronic obstructive pulmonary disease, but no service connection for these conditions could be established. The Board found that the cause of death did not stem from a condition related to his military service.

The Veteran's claim is being remanded to obtain clarification of the degree of additional impairment caused by his intercostal neuralgia as opposed to his other respiratory disabilities, including his severe COPD and reduced lung volume due to a thoracotomy with left lower lobectomy for treatment of his lung cancer.

The Board has remanded the case to obtain a medical opinion regarding whether any lung disorder, including chronic obstructive pulmonary disease (COPD), is related to active service and claimed asbestos exposure.

The Board has determined that the grant of service connection for chronic obstructive pulmonary disease, congestive heart failure, and diabetes mellitus was clearly and unmistakably erroneous due to a lack of evidence of an allergy to steroids. As such, the veteran's claims are being severed.

The Veteran's claims for increased rating of hearing loss, reopening of service connection claims for COPD and psychiatric disability were denied by the RO. The RO found no new and material evidence to reopen the claims.

The Veteran's claims for effective dates and increased rating have been granted. Effective August 16, 1996, the Veteran was granted service connection for degenerative joint disease of the lumbosacral spine with an initial rating of 20 percent. The claim for COPD has a retroactive effective date of August 1, 1994.

The Board denied the Veteran's claim for service connection for a lung disability, finding that new and material evidence had not been received to reopen the claim. The decision was based on the lack of evidence linking his current COPD to service.

The Board has determined that the Veteran's claims for service connection are denied as his accounts of events during service and onset of disabilities are not credible, and there is no evidence to support a finding of in-service injury or disease.