COPD decisions — 2009

The Board found that the Veteran's lung and cardiovascular diseases were not incurred or aggravated by service, including as due to in-service asbestos exposure. The preponderance of evidence is against a nexus between current lung and cardiovascular disabilities and any incident of service.

The Board has remanded the case due to incomplete medical records and a need for a VA examination to address the Veteran's claims regarding COPD.

The Board denied the Veteran's request to reopen his claim for service connection for asbestosis and found that new and material evidence had not been submitted. The issue of service connection for COPD was also addressed, but no specific disposition is provided.

The Board denied the Veteran's claims for service connection for COPD as secondary to cancer of the larynx, and his claims for increased ratings for bilateral hearing loss, residuals of laryngeal cancer, and diabetes mellitus.

The Board denied the Veteran's claims for service connection for a skin condition, PTSD, tinnitus, hearing loss of the left ear, and COPD. The decision also addressed his claim for TDIU prior to January 7, 2009.

The Board found that the Veteran's chronic respiratory condition, including asthma and reactive airway disease, was not incurred in or related to his military service.

The Board has remanded the case for further development and examination to determine if the Veteran's COPD or hearing loss are related to his service, including exposure to asbestos.

The Board denied the appellant's claims for service connection for dizziness, a dermatological condition, and COPD all secondary to exposure to chemical dioxins (Agent Orange). The VA found no evidence linking these conditions to his military service or Agent Orange exposure.

The Board finds that the Veteran's condition, including his history of hypertension, emphysema, and COPD, warranted immediate medical attention due to symptoms such as shortness of breath and chest pain. Given the urgency and the distance from the nearest VA facility, it was reasonable for him to seek treatment at a private hospital.

The Veteran's appeal involves three issues: entitlement to a higher level of special monthly compensation, additional SMC based on loss of use of the lower extremities, and eligibility for specially adapted housing or a special home adaption grant. The Board has remanded these cases due to the need for further development regarding the Veteran's HISA grant file and his need for daily licensed home health care services.

The Board denied the Veteran's claim for service connection for chronic obstructive pulmonary disease, finding that there was no evidence linking his current condition to his in-service lung conditions.

The Veteran's hypertension was not incurred in or aggravated by any incident of service, nor may it be presumed to have been incurred therein. The Board finds that the preponderance of the evidence is against the claims for COPD and chronic bronchitis.

The Veteran's cause of death was listed as COPD, which is not service-connected. The Board found no evidence of mustard gas exposure during service and concluded that the Veteran did not have any service-connected disabilities at the time of his death.

The Veteran's lung disability/COPD is being remanded for a VA examination to determine if it is related to his service, specifically exposure to petroleum products.

The Veteran's appeal is being remanded for further examination and opinion to determine his ability to work due to service-connected disabilities.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the Veteran's death, finding that the new evidence submitted did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's claim for service connection for degenerative disc disease, L4-5, L5-S1 was denied. The claim for service connection for idiopathic thrombocarpin purpura with systemic lupus erythermatosus (claimed as thrombocarpin) was also denied due to lack of evidence linking the condition to service or herbicide exposure.

The Board has determined that the Veteran's COPD did not begin during service and is not related to any in-service event or disease. The claim for increased rating for bilateral lower extremity venous varicosities will be addressed in a separate remand.

The Board has remanded the case for additional development, including obtaining treatment records and clarifying diagnoses. The appellant is seeking service connection for a respiratory disability to include asbestosis and COPD.

The Veteran's service-connected bronchitis is currently rated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating based on current medical evidence.