COPD decisions — 2009

The Board has remanded the case due to an inadequate VA examination and a need for further medical records.

The Veteran's appeal is being remanded for further development, including providing the Veteran's representative with an opportunity to review the claims folders and complete VA Form 646 or equivalent. The case will also be recertified to the Board.

The Board denied the claim of service connection for cause of death due to lack of evidence establishing a relationship between the Veteran's military service and his death from respiratory arrest due to severe PTB. The appellant submitted new evidence but it did not raise a reasonable possibility of substantiating the underlying claim.

The Veteran's appeal has been dismissed due to his death.

The Veteran's diagnosed COPD/emphysema is not shown to have manifested until many years following his discharge from active duty, and it is not related to service or to any herbicide exposure therein.

The Board has determined that the Veteran did not adopt his grandchildren, C.R.J. and P.A.J., during his lifetime, thus they cannot be considered dependent children for VA purposes and there is no entitlement to Dependency and Indemnity Compensation, Death Pension and Accrued Benefits on behalf of these individuals.

The Veteran's claim for service connection for COPD is being remanded due to insufficient evidence, and the Board finds that further examination may be needed to determine if his current condition is related to his military service.

The Veteran's service-connected left knee disability is rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5257 for moderate instability. The Board finds that the evidence of record is in equipoise as to whether his service-connected left knee disability more nearly approximates moderate instability.

The Veteran's death was not caused by a service-connected disability, and there is no evidence linking his conditions to active service or any exposure to ionizing radiation. The Board found that the cause of death was natural causes.

The Veteran's death was not due to a service-connected disability, thus the appellant is denied service-connected burial benefits.

The Veteran's claim for an initial compensable rating for asbestosis and service connection for chronic obstructive pulmonary disease is being remanded due to the need for additional examination, testing, and medical opinion.

The Veteran's claim for a TDIU is being remanded due to the need for additional evidence and development, including obtaining VA treatment records from May 2006 to March 2008 and scheduling a VA medical examination.

The Veteran is entitled to special monthly pension based on the need for regular aid and attendance due to his mental incapacity requiring assistance on a regular basis to protect him from hazards or dangers incident to his daily environment.

The Veteran claims service connection for a respiratory disability, including COPD, due to exposure to mustard gas during military service. The case is being remanded for further development and examination.

The Board denied the Veteran's claims for service connection for COPD and a gastric ulcer and submucosal esophageal lesion, finding that there was no evidence of these conditions during his active duty service. The Board also found that any current diagnoses were not related to his military service.

The Veteran's death was not caused by a service-connected disability, and there were no pending claims for accrued benefits or DIC at the time of his death.

The Board has determined that the Veteran's hypertension and chronic obstructive pulmonary disease are not service-connected, as there is no evidence of their onset during his military service or connection to any service-connected disability.

The Veteran's application for Service-Disabled Veterans Insurance (RH) was denied because he has multiple non-service-connected health conditions, including COPD and thyroid cancer, which prevent him from being considered 'in good health' as required by VA regulations.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death from coronary artery disease and COPD. The VA examiner opined that lack of exercise was not a significant factor in causing the Veteran's death.

The Board has determined that the Veteran's chronic obstructive pulmonary disease is not service-connected due to lack of evidence showing asbestos exposure or nicotine dependence during service.