COPD decisions — 2009

The Veteran's bilateral hearing loss was granted a 30 percent disability rating as of January 12, 2008. Service connection for tinnitus and COPD was denied.

The Board denied service connection for COPD, asthma, and bronchitis as they are not related to active military service. The Board also denied service connection for schizoid personality as it is considered a constitutional or developmental defect.

The Board denied the Veteran's claim for service connection for chronic obstructive pulmonary disease (COPD) with asthma, as there was no competent evidence of a nexus between COPD with asthma and active military service.

The Board denied service connection for pulmonary tuberculosis and COPD with bullous emphysema, finding that these conditions did not manifest during active service or within the applicable presumptive period. The Board also found that a 30 percent evaluation was not warranted for generalized anxiety disorder.

The Board of Veterans' Appeals vacated its June 26, 2006 decision due to misfiled evidence that violated the Veteran's due process rights.

The Board granted service connection for COPD but denied service connection for peripheral neuropathy of the upper and lower extremities.

The Board denied service connection for the cause of the Veteran's death, as evidence did not demonstrate that the Veteran's cause of death was a result of his military service or any incident thereof.

The appeal is remanded for additional development, including obtaining Social Security Administration records and scheduling a medical examination.

The Veteran is not entitled to special monthly pension based on the need for regular aid and attendance or housebound status.

The Board denied the Veteran's claim for service connection for chronic obstructive pulmonary disease (COPD), finding no evidence of a chronic lung disorder in service and no competent medical evidence linking COPD to active service.

The Board granted service connection for squamous cell lung cancer, finding that it was at least as likely as not aggravated by the Veteran's inservice asbestos exposure.

The Board denied service connection for a lung disorder secondary to exposure to asbestos, as the evidence did not support a finding that the appellant's chronic obstructive pulmonary disease was related to his military service or asbestos exposure.

The Board denied service connection for greater trochanteric bursitis, chronic obstructive pulmonary disease with sleep apnea and an increased rating for bilateral pes cavus. However, the Board granted service connection for a back disability secondary to the service-connected bilateral pes cavus.

The Board denied the claim for service connection for the cause of the Veteran's death, as there was no evidence to support that a service-connected disability was either the principal or contributory cause of his death.

The Board found that the preponderance of evidence was against service connection for a heart condition, osteoarthritis of the lumbar spine, headaches, and COPD.

The Board grants the claim of service connection for the cause of the Veteran's death, as the in-service lung cancer contributed substantially or materially to the Veteran's death.

The Veteran's pulmonary conditions were rated at 100 percent disabling for the period prior to November 3, 2006.

The Board found that the Veteran's death was not proximately due to or the result of a disease or injury incurred in service, and denied entitlement to service connection for the cause of his death.

The Board denied service connection for pneumonia with residuals of COPD, kidney problems with residual urinary tract disorder, and heart murmur with chest pain as there was no evidence that these conditions were incurred in or aggravated by active service.

The Board denied the Veteran's claims for service connection for asbestosis and chronic obstructive pulmonary disease (COPD) because the evidence did not support a finding that these conditions were due to any incident or event in his active service, including exposure to asbestos.