COPD decisions — 2009

The Veteran's death was not caused by a service-connected condition, and the Board denied entitlement to nonservice-connected death pension benefits.

The Veteran's death was caused by cor pulmonale due to COPD, which is not service-connected. The appellant does not meet the threshold legal requirement for nonservice-connected death pension benefits as her husband had no qualifying service.

The Veteran's claim for service connection for a respiratory disability, including chronic obstructive pulmonary disease, restrictive lung disease, and asthma, due to asbestos exposure is being remanded for additional development.

The Veteran's service-connected respiratory problems due to lung conditions, including asthma, COPD, emphysema, and TB, are currently rated at 30 percent. The Board found that the evidence does not support a higher rating based on current disability levels.

The Board has determined that the Veteran's colorectal cancer and COPD are related to his exposure to asbestos while serving in the American Merchant Marine from May 1945 to July 1945. As such, the claims for service connection have been granted.

The Veteran's claim for service connection for COPD, including as due to exposure to herbicides, is being remanded for further development of his Social Security Administration records and VA treatment records.

The Board denied service connection for a respiratory disorder, finding that the Veteran's current diagnoses of COPD and emphysema are not on the list of diseases presumptively associated with herbicide exposure. There is no evidence suggesting these conditions developed due to his presumed exposure to Agent Orange or other chemicals in Vietnam. Additionally, there is no probative evidence showing a link between the Veteran's service-connected hypertension and his current respiratory disorder.

The Board has granted service connection for hypertension as secondary to PTSD and determined that the Veteran's service-connected disabilities, including his service-connected PTSD, render him unemployable. The effective date is not specified.

The Board has determined that the Veteran's asthma and pulmonary disorder other than asthma (COPD) are not related to his military service, and thus denied both claims.

The Board finds that the Veteran's current disabilities of both shoulders, lumbar spine, cervical spine, and COPD were not incurred in or otherwise the result of his active military service.

The Veteran's appeal was dismissed due to his death.

The Board found that the Veteran's COPD was not incurred in or aggravated by active service and is not etiologically related to service, including any exposure to asbestos in service.

The Board has decided that the reduction in rating from 60 percent to noncompensable for the Veteran's service-connected sarcoidosis was improper and has ordered further development.

The Veteran is granted service connection for asbestosis, but not for his other lung conditions. The Board finds that the preponderance of evidence does not support a finding of service connection for COPD and emphysema.

The Veteran withdrew his claim for service connection for chronic obstructive pulmonary disease before the Board could make a decision.

The Board found that the Veteran's death was not related to his service or any service-connected disability, and thus denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim for service-connected burial benefits, finding that the Veteran's cause of death was not related to his service-connected conditions or presumed exposure to Agent Orange.

The Board denied the Veteran's claim to reopen his service connection for COPD, finding that new and material evidence was not received.

The Board found that the Veteran's death was not caused by or substantially contributed to by a service-connected disability, and denied both the claim for service connection for the cause of death and the eligibility for Dependents' Educational Assistance (DEA) benefits.