COPD decisions — 2009

The Veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal prior to a decision being made.

The Board has ordered a remand due to the need for additional development, including obtaining chest x-ray films from 1987 and scheduling another VA examination.

The Board has remanded the case for further development, including a VA respiratory examination to evaluate the severity of the residuals from the Veteran's left lower lobectomy and determine if COPD is secondary to his service-connected lung cancer.

The Board has denied the Veteran's claims for service connection for chronic obstructive pulmonary disease and emphysema, finding that there is no evidence of an in-service injury or exposure to harmful substances that could have caused these conditions. The Board also found that the current respiratory conditions are not related to active duty.

The Veteran's claim for an earlier effective date for a 100% evaluation for his lung disability is denied. The claim for TDIU prior to August 16, 1999, is also denied as the Veteran does not meet the legal criteria.

The Board has remanded the Veteran's case for further development, including providing him with 'old' diagnostic codes for evaluating intervertebral disc syndrome and obtaining all VA medical records from June 2004 to the present.

The Board found that the Veteran's COPD and CHF are not related to his asbestos exposure in service, and thus denied both claims for service connection.

The Veteran was found to be in need of regular aid and attendance due to his service-connected disabilities, including depressive disorder, inactive pulmonary tuberculosis with left fibrous pleurisy, and secondary respiratory conditions. Accrued benefits are granted for special monthly compensation based on the need for aid and attendance.

The Veteran's claims for service connection for post-traumatic stress disorder, back disability, major depressive disorder, lipoma of the neck and shoulder, and respiratory disorder (emphysema and chronic obstructive pulmonary disorder) have been denied as there is no verified in-service stressor, no current diagnosis or link to service, and no evidence of exposure to Agent Orange.

The Veteran's claim for service connection for chronic obstructive pulmonary disease, claimed as asbestosis, is being remanded due to the need for a Board hearing.

The Board denied the appellant's claims for service connection for chronic lung and larynx disorders, finding no competent medical evidence showing a link between these conditions and his active duty service or herbicide exposure.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need for aid and attendance of another person or housebound status.

The Board finds that the Veteran's death was not caused by his service-connected tuberculosis, and thus, service connection for the cause of death is denied.

The Board found that the Veteran's service-connected anxiety state did not contribute substantially or materially to his death, and thus denied service connection for the cause of his death.

The Veteran's claim for service connection is being remanded due to the need for additional development, including a VA examination and medical opinion regarding the etiology of all claimed conditions.

The Board found that the appellant's respiratory disorder, including COPD, was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's death was caused by his antibiotic treatment for COPD, but the proximate cause of his death was not due to VA carelessness or negligence.

The Veteran's respiratory symptoms are attributed to COPD, not asbestosis. The Board denied service connection for asbestosis and related conditions due to lack of evidence linking the current disability to service.

The Board denied the Veteran's claims for service connection for COPD and mucoepidermoid carcinoma, finding no evidence of these conditions in service or related to herbicide exposure.

The Board denied the Veteran's claims for service connection for COPD and a right lung nodule, finding that there was no competent medical evidence linking these conditions to his military service or asbestos exposure.