COPD decisions — 2009

The Board found new and material evidence to reopen the claims for service connection of hearing loss, COPD, and periodontal disease. However, it did not find such evidence sufficient to establish service connection.

The Veteran's claims for service connection for posttraumatic stress disorder and a respiratory disability were denied as there was no evidence of current diagnoses or in-service events that would support the claims.

The Veteran withdrew his appeals, resulting in the dismissal of all pending issues.

The Board has denied the Veteran's claims for increased ratings for her COPD, chronic cervicitis, and GERD, as well as her claim for service connection for a chronic headache disorder. The appeals are dismissed due to lack of merit in the claims based on the current evidence of record.

The Veteran is seeking service connection for his current respiratory disabilities, including COPD and general lung problems. The Board has found that a VA examination should be scheduled to assess the nature and etiology of these conditions.

The Board has determined that new and material evidence has been submitted, allowing the Veteran's previously denied claim for service connection for a lung disability to be reopened. The case is now REMANDED for further development.

The VA medical providers did not cause the delay in diagnosing the Veteran's lung cancer, which led to his right pneumonectomy. The Board finds that the preponderance of evidence does not support a finding of negligence or fault on the part of VA.

The Board has determined that the appellant is entitled to special monthly pension benefits based on the need for regular aid and attendance due to his various medical conditions, including COPD, low back pain, neck pain, and memory impairment.

The Veteran's appeal of entitlement to an initial compensable rating for bilateral hearing loss has been dismissed due to the Veteran withdrawing his appeal. The case is being remanded for further development regarding service connection for COPD/asthma and exposure to asbestos.

The Board has determined that the Veteran's COPD, bladder cancer, and tongue cancer are not related to his service, including inservice exposure to asbestos.

The Veteran's death was caused by hypoxic encephalopathy due to severe pneumonia, which were not service-connected conditions. The Board denied the claims for service connection for the cause of death and DIC under 38 U.S.C.A. § 1318.

The Board denied service connection for the Veteran's claimed bilateral eye disability, COPD, chronic gastrointestinal disorder, and bilateral hearing loss as they were not shown to be related to his military service.

The Board denied the Veteran's claims for service connection for asbestos exposure, emphysema, COPD, and PVD due to a lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran's claimed conditions, including bilateral hearing loss, tinnitus, and COPD, were not incurred in or aggravated by active military service.

The Board has determined that the Veteran's COPD is not related to his service and denied his claim for service connection.

The Board has determined that the Veteran does not have a current diagnosis of emphysema and service connection for this condition is denied as there is no separate disability present. The claim was adjudicated based on COPD, which is already in effect.

The Veteran's claim for service connection for a back disorder, hiatal hernia/GERD, and lung disorder is denied. The claim for depression remains pending.,Service connection for the Veteran's claimed conditions is not granted as there is no evidence linking them to his military service.

The Veteran's appeal has been withdrawn for several issues, and the remaining issue of service connection for respiratory condition to include asbestosis and COPD is addressed in this decision.

The Veteran's claim for special monthly pension based on the need for aid and attendance has been denied as he does not meet the criteria of needing regular aid and attendance due to his medical conditions.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.