COPD decisions — 2009

The Board denied the Veteran's claims of entitlement to service connection for sleep apnea syndrome and COPD, finding that these conditions are not related to his active duty service or any service-connected disability.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his active service, while COPD and heart disease were not incurred or aggravated during service. The claim for service connection for COPD and heart disease is denied.

The Board denied the Veteran's claims for service connection for COPD and a compensable evaluation for residuals of a fractured coccyx and sacrum, finding no new and material evidence to reopen the COPD claim.

The Board determined that the Veteran's death was not caused by or related to his service-connected residuals of malaria, and denied the claim for service connection for the cause of the Veteran's death.

The Board has remanded the case for further development and review of the issues related to service connection, including prostate cancer, low back disorder, herpes, and chronic obstructive pulmonary disease. The effective date for the grant of service connection for prostate cancer is being reviewed.

The Board has determined that the Veteran's COPD is not service-connected, as there is no evidence of a disease associated with herbicide exposure. The right eye disorder issue was remanded and will be addressed in the REMAND portion.

The Veteran's lung disorder and arthritis were not found to be related to service, including exposure to asbestos. The Veteran's PTSD was rated appropriately.

The VA determined that the Veteran's current respiratory disability, diagnosed as COPD, did not begin during active service and is not due to his exposure to asbestos in service.

The Veteran's death is being reviewed to determine if it was related to his service, including exposure to herbicide agents. The issue of entitlement to Survivor's and Dependent's Educational Assistance benefits under 38 U.S.C. Chapter 35 is also being considered.

The Board denied service connection for a chronic pulmonary/respiratory disability, finding that COPD was not related to service and the Veteran's exposure to asbestos in the military.

The Veteran's claim for service connection due to an undiagnosed illness based on Persian Gulf War Service is denied as a matter of law.

The Veteran's appeal for increased ratings for bilateral hearing loss and service connection for COPD was denied. The Board found that the Veteran did not meet the criteria for an initial increased rating for his hearing loss, as his current level of hearing impairment does not warrant a higher rating under VA regulations. For COPD, the Board determined there is no evidence to support a finding of in-service exposure to mustard gas or other chemicals and concluded that the Veteran's current diagnosis of COPD was not related to service.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for bronchitis, COPD, and asbestosis is being remanded due to the need for additional medical examination and development of evidence.

The Board has determined that the Veteran's cause of death, severe end-stage COPD, was caused by nicotine dependence, which is considered a service-connected condition.

The Board found that the Veteran's COPD is not related to his service-connected residuals of bronchopleural fistula and denied both his claim for service connection and his request for an increased rating.

The Board has determined that the Veteran's current respiratory disorder, diagnosed as COPD and chronic bronchitis, was not incurred in or aggravated by his military service.

The Veteran's cause of death was not service-connected, as his dementia and COPD were not shown to be related to active duty service. The Board found no evidence linking the Veteran's dementia or COPD to his military service.

The Board has dismissed the Veteran's appeal as he withdrew his appeal regarding the issues of reopening claims for stroke with brain damage and blindness due to brain damage.

The Veteran's TDIU claim is granted as his service-connected disabilities, singly or in combination, preclude him from obtaining and maintaining substantially gainful employment.