COPD decisions — 2010

The Board has determined that the Veteran's tinnitus and lung disorder (emphysema and COPD) were not incurred in or aggravated by service, nor can they be presumed to have been incurred due to exposure to asbestos or ionizing radiation. The claims for these conditions are therefore denied.

The Veteran seeks service connection for a respiratory disability, including asthma, COPD, and emphysema. The case is being remanded to obtain the Veteran's personnel records to determine if he was exposed to asbestos during service.

The Board denied the Veteran's claims for service connection for COPD and a skin disability, finding that there was no evidence of direct service connection or continuity of symptomatology.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the etiology of his COPD and heart disorder. The issue of service connection will be reconsidered based on the new evidence.

The Board found no clear and unmistakable error in the April 2003 rating decision that denied service connection for the cause of the Veteran's death. The appellant did not provide evidence showing that there was CUE.

The Board denied service connection for the cause of death and denied entitlement to Dependents' Educational Assistance (DEA) based on a lack of evidence linking any service-connected condition to the Veteran's death.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and his claims for accrued benefits were denied as he did not meet eligibility criteria. The appellant's claims for service connection for Alzheimer's dementia, hypertension, gastroesophageal reflux disease, and a pulmonary condition have also been denied due to lack of evidence supporting these conditions are related to military service.

The Board has determined that additional development is necessary to determine the Veteran's exposure to herbicides and post-service medical records, as well as whether his fatal conditions are related to his military service. The case is being remanded for these purposes.

The Veteran's pulmonary disability, diagnosed as chronic obstructive pulmonary disease with asthma, is not etiologically related to active service. The Board finds the Veteran has a current pulmonary disability but there is no evidence of record showing such disability was present during service or is otherwise etiologically related to service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining updated VA treatment records and providing VCAA notice.

The Veteran's COPD was granted a 100% rating effective April 15, 2008. The effective date for the increased rating is November 6, 2006.

The Veteran does not have a respiratory disability, including emphysema, COPD or sleep apnea, that is attributable to military service.

The Veteran's appeals for service connection for various lung-related conditions have been dismissed due to his withdrawal of the appeals.

The Veteran's COPD was not manifested by FEV-1 of 40- to 55- percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; DLCO (SB) of 40- to 55- percent predicted, or; maximum oxygen consumption of 15 to 20 ml/kg in (with cardiorespiratory limit). Therefore, the Veteran's COPD is rated at 30 percent.

The Veteran's pulmonary disorder, including pleural thickening and COPD, is being remanded for additional development to determine the nature of his condition and its relationship to service.

The Board finds that the Veteran's currently diagnosed COPD is related to his period of active military service, and thus grants service connection for this condition.

The Veteran's respiratory disorder, including COPD, was not shown to be incurred in or aggravated by his military service and is therefore denied.

The Board denied the Veteran's claims for service connection for COPD, hearing loss, tinnitus, hypertension, and low blood sugar (hypoglycemia) due to lack of evidence linking these conditions to his military service.

The Veteran's unauthorized hospitalization at Hillcrest Medical Center for atrial fibrillation and COPD was found to meet the criteria for payment or reimbursement by VA, as it constituted a medical emergency that prevented timely transfer to a VA facility.

The Veteran's TDIU claim is being remanded for further examination and development due to insufficient evidence of his employability.