COPD decisions — 2009

The appeal is remanded for a medical examination to determine the nature and etiology of any current respiratory disorder.

The Board denied service connection for the residuals of a shrapnel wound of the left upper back, left arm disability secondary to such wounds, chronic obstructive pulmonary disease with asthma secondary to asbestos exposure, and bilateral hearing loss.

The veteran's claim for service connection for chronic obstructive pulmonary disease was denied because the evidence does not support a link between his current condition and his military service.

The Board denied an earlier effective date for the grant of a 100% rating for COPD, as there was no evidence that the veteran's disability had increased in severity to warrant such a rating prior to December 2002.

The veteran's claim for service connection for chronic obstructive pulmonary disease was remanded for a VA examination to determine the nature and etiology of the condition, considering its possible relationship to his service-connected diabetes mellitus type II.

The Board denied service connection for all the claimed conditions as they were not shown to be related to the veteran's period of active duty.

The Board denied the appeal to reverse the November 2006 severance of service connection and termination of DIC and Chapter 35 benefits, as well as denying service connection for the cause of the veteran's death based on respiratory disease.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on a need for aid and attendance or housebound status.

The Board denied service connection for PTSD, the residuals of a fall, and for COPD, ulcers, arthritis, hepatitis C, depression, and schizoaffective disorder as new and material evidence was not received to reopen these claims.

The Board denied the veteran's claims for service connection for subacute peripheral neuropathy, emphysema/chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea as they were not shown to be related to his active service or exposure to herbicides.

The Board found that the evidence supported reducing the veteran's rating for COPD from 30 percent to 0 percent, as his pulmonary function test (PFT) results showed improvement.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for deep vein thrombosis, finding that it was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing hospital care, medical or surgical treatment, or examination; nor was it an event not reasonably foreseeable.

The appeal is remanded to the RO for further development of evidence related to the cause of the veteran's death, including an opinion on whether service-connected PTSD contributed to his death.

The appeal was dismissed due to the veteran's death during the pendency of the claim.

The veteran's COPD was not shown in service or for many years thereafter and has not been found to be related to such military duty. The appeal for a compensable rating for the service-connected pneumonia residuals is also denied.

The veteran's claim for service connection for COPD was denied as there is no evidence of a medical relationship between the condition and his military service. The effective date for additional compensation for dependents was set to April 1, 2005.

The veteran's current lung disability, diagnosed as emphysema and COPD, was not manifested until many years after service, is not due to exposure to asbestos during service, and is not otherwise due to his military service.

The veteran's claim for service connection for a chronic respiratory disability, claimed as chronic obstructive pulmonary disease due to asbestos exposure, was remanded for further development.

The veteran's claims for service connection for asbestosis, chronic obstructive pulmonary disease (COPD), a left arm and shoulder disorder, a right ankle disorder and foot sprain, and right arm radiculopathy were denied. A higher initial rating for the service-connected bilateral sensorineural hearing loss was also denied.

The veteran's initial rating for COPD and pulmonary emphysema was denied as the evidence did not support a higher or compensable rating during the relevant periods.