COPD decisions — 2009

The Board found that the Veteran's lung disorder, specifically chronic obstructive pulmonary disease (COPD), was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied the appellant's claim of accrued benefits pursuant to 38 U.S.C.A. § 1151 for additional disability incurred in VA medical facilities, finding that there was no evidence of carelessness or negligence on the part of VA.

The Board denied the appellant's claims for service connection for bilateral hearing loss disability, coronary artery disease, hypertension, and chronic obstructive pulmonary disease. The Board found that these conditions were not incurred or aggravated by service.

The Board denied service connection for the cause of death due to COPD, emphysema and asthma, finding that these conditions were not related to the Veteran's active service.

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

The Board denied the Veteran's claims for service connection for COPD with interstitial fibrosis (asbestosis) and CAD, both claimed as resulting from asbestos exposure. The evidence did not support a finding of direct service connection.

The Board has determined that there is at least a reasonable doubt as to whether the Veteran's COPD is related to his in-service respiratory symptoms, and thus service connection for COPD is granted.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied both the claim for service connection for the cause of death and the DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for service connection for COPD is being remanded due to the need for additional medical records and a review of the existing evidence.

The Board found that COPD was not manifested in service and the preponderance of evidence is against a finding that it is related to the Veteran's service or to any event therein, including exposure to asbestos.

The Board has determined that the Veteran's nicotine dependence, lung disability (COPD), and hypertension are all service-connected as secondary to his nicotine dependence.

The Board found that the Veteran's nonspecific dermatitis and COPD are not related to his active service, with no current evidence of a nexus between these conditions and service.

The Board has granted service connection for a left lower lung lobe disorder and an increased evaluation for bilateral hearing loss. The Veteran's current disability picture is considered by the schedular evaluations provided in the rating schedule.

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

The Board has determined that the Veteran's chronic obstructive pulmonary disease was incurred during his military service and granted service connection for this condition.

The Board has determined that additional VA examinations are needed to determine the etiology of the Veteran's chronic obstructive pulmonary disease and restless leg syndrome, as well as whether these conditions are related to service or any other relevant factors.

The Veteran's combined evaluation for service-connected disabilities is 80 percent from June 20, 2000 to June 10, 2004, and 90 percent from June 11, 2004. The criteria for assignment of an increased combined evaluation are not met.

The Board has determined that the Veteran's COPD, a chronic obstructive pulmonary disease, had its onset during active service and is related to his symptoms of chest pain and shortness of breath. Therefore, the claim for service connection for COPD is granted.

The Veteran's degenerative arthritis of the cervical spine is rated at 20 percent, and his COPD is rated at 60 percent. The Board also found that he meets criteria for TDIU.

The Board found no evidence of a lung disorder until many years after service, and the preponderance of the evidence is against a nexus between any current diagnosis of a respiratory disease (including COPD and emphysema) and any incident of service. The Veteran's claim for service connection was denied.