COPD decisions — 2009

The Veteran's claims for service connection are being remanded due to the inadequacy of the June 2006 VA examination and the need for further development, including a heart murmur secondary to respiratory disability.

The Board has determined that the Veteran's COPD and GERD are not service-connected, as there is no evidence linking these conditions to his military service. The Veteran's current diagnoses of COPD and GERD were first noted many years after his discharge from service.

The Board has determined that the Veteran's COPD is not related to his military service, including exposure to herbicides in Vietnam. The claim for service connection is denied.

The VA examiner concluded that the Veteran's cause of death, including his chronic obstructive pulmonary disease and congestive heart failure, was not caused by or a result of his service-connected residuals of a shrapnel wound to the right anterior chest wall. The Board affords more weight to this opinion than to the private practitioner's opinion.

The Veteran's claim to reopen a service connection for COPD and emphysema, as secondary to service-connected sinusitis was dismissed due to the death of the Veteran.

The Veteran's claim for an increased rating for his service-connected chronic bronchitis with COPD is being remanded due to the need for a new VA examination and updated treatment records.

The Board has determined that the appellant is entitled to payment for unauthorized medical expenses totaling $2431.02 incurred by the Veteran for treatment provided at Metropolitan Hospital on June 13, 2005.

The Veteran's claim for service connection for recurrent acute bronchitis and COPD was reopened, and the Board found that these conditions were incurred in service. The claim for lung cancer was not addressed as it is not related to his service-connected sinusitis and rhinitis.

The Veteran's death was caused by a heart condition, which is listed as a presumptive disability for former POWs. The appellant filed her claim more than one year after the effective date of the liberalizing law allowing for this presumption, so she is not entitled to an earlier effective date.

The Board found that the Veteran's cause of death, COPD due to asthma and chronic sinusitis, was not caused by a service-connected disability. The Veteran did not have a continuously rated total disability for at least ten years prior to his death or qualify as a former prisoner of war. Therefore, the claim for DIC benefits under 38 U.S.C.A. § 1318 was denied.

The Board has determined that additional development is needed to determine if the Veteran served in Vietnam and whether his death was related to service-connected conditions or other factors. The claim will be remanded for further action.

The Board has determined that the Veteran's sleep apnea, COPD, hypertension, and CAD are not related to his military service. The claims for these conditions have been denied.

The Board has determined that the Veteran does not have residuals of pneumonia, bronchitis and COPD, or cluster/migraine headaches as a result of his military service. The evidence is against finding any connection between these conditions and his time in service.

The Board has determined that the Veteran's COPD is not related to his service, including exposure to Agent Orange or other chemicals during service. As a result, the claim for service connection for COPD is denied.

The Veteran's claims for service connection for athlete's foot, diabetes mellitus type II, peripheral neuropathy, and a lung disability (including emphysema or chronic obstructive pulmonary disease) were denied. The Board found that the evidence did not support these claims.

The Board has remanded the case due to incomplete medical records and a need for additional VCAA notice. The appellant is seeking service connection for the cause of her husband's death, but the claims file lacks relevant medical records from Norman Regional Hospital.

The Board found no evidence linking the Veteran's current lung condition to service, including any exposure to asbestos. Therefore, COPD was not incurred in service and denied.

The Veteran's COPD was not incurred or aggravated during service, and the Board denied his claim for service connection.

The Veteran's respiratory disability to include COPD and reactive airway disease is related to service. The left knee disability, bilateral hearing loss, and tinnitus are not shown to be related to service.

The Board has remanded the case due to incomplete records from Dr. PA, which may contain pertinent information regarding the Veteran's service connection for the cause of his death.