COPD decisions — 2009

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability. The claims of entitlement to service connection for bronchitis and gastroenteritis/duodenitis were previously denied, but no new and material evidence has been received to reopen these claims.

The Board has remanded the case for additional development, including providing the Veteran with a VA examination and considering new evidence submitted by the Veteran.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a respiratory disorder, including chronic obstructive pulmonary disease as a result of exposure to herbicides, asbestos, chemicals and/or fumes.

The Board found that the Veteran's current respiratory disorder(s) are not etiologically related to his active military service, including purported asbestos exposure.

The Board found that the cause of the decedent's death was not related to service or a service-connected disability, and thus denied the claim for service connection for cause of death.

The Board found that the Veteran's current lung disability did not have its onset in service or is etiologically related to any incident, disease, or exposure during his active duty. The claim for service connection was denied.

The Veteran's unauthorized emergency room treatment for hypoxemia due to COPD was found eligible for reimbursement as it met all the criteria under 38 U.S.C.A. § 1725.

The Veteran's lung disability manifested by COPD is not due to disease or injury that was incurred in or aggravated by service, nor may it be presumed to be due to ionizing radiation exposure in service.

The Veteran's COPD was rated at 30 percent prior to February 5, 2009 and increased to 60 percent from that date.

The Board is remanding the case to obtain medical records from a skilled nursing facility where the Veteran resided at the time of his death, in order to determine if any service-connected disabilities contributed to his cause of death.

The Board found that the Veteran's service connection claim for a lung disorder, to include as secondary to asbestos exposure, cannot be granted because there is no evidence of in-service asbestos exposure and the weight of medical evidence does not support a current diagnosis of asbestosis or any other lung condition.

The Board denied the Veteran's claims for service connection for a lung disorder, COPD, and lung cancer due to lack of evidence in the file at the date of his death.

The Veteran's cause of death was due to sepsis, urinary tract infection, chronic obstructive pulmonary disease, and asbestosis. The Board found no service connection for these conditions and denied the claim.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for cause of death, including DIC benefits. The Veteran's death was attributed to cardiac arrest due to coronary artery disease with chronic obstructive pulmonary disease as a contributing factor. The additional evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of any diagnosed COPD and its relationship to service-connected asbestosis with pleural plaquing.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asthma and COPD with complications due to medication. The decision found that there was clear and unmistakable evidence of pre-existing conditions (asthma and hay fever) before service, which were not aggravated by service beyond their natural progression.

The Board denied the Veteran's application to reopen his claim of service connection for a lung disability, including COPD and chronic bronchitis, finding that new and material evidence was not submitted.

The Board has determined that the Veteran did not serve in Vietnam and therefore cannot establish presumptive service connection for his claimed conditions based on exposure to Agent Orange. The VA examiners have opined that the Veteran's diabetes, COPD, connective tissue disease with high fevers, and skin disorder with scars are not related to his military service.

The Board denied the Veteran's claim for service connection for COPD, finding no current disability and no evidence of a relationship to military service.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining gainful employment.