COPD decisions — 2010

The Veteran's death was not caused by or related to his service-connected inactive pulmonary tuberculosis. The Board found that the cause of death was multi-organ failure due to diabetes mellitus, and other significant conditions such as chronic obstructive pulmonary disease did not contribute substantially or materially to the cause of death.

The Veteran's claims for service connection for chronic obstructive pulmonary disease and sleep apnea are being remanded due to the need for a VA examination, as well as additional development of evidence.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of any current respiratory disorder. The Veteran's claim for service connection for a respiratory disorder is also being reopened.

The Board denied the appellant's claims for service connection for cause of death, nonservice-connected death pension benefits, and accrued benefits due to lack of new and material evidence for the cause of death claim, ineligibility based on the decedent's Philippine Scout service not qualifying for non-service connected pension benefits, and untimely filing for accrued benefits.

The Board found that the Veteran's COPD and sinusitis were not related to his active service, including exposure to environmental hazards. The claims for service connection are denied.

The Board has remanded the case to the RO for additional development due to issues related to service connection for various conditions.

The Board has denied the Veteran's claims for service connection for PTSD, coronary artery disease, status-post myocardial infarction, an eye disability, a back disability, and a foot disability (claimed as 'bad feet'). The claim for lung disability, to include chronic obstructive pulmonary disease and asbestosis, is pending. Service connection has been established for major depressive disorder and anxiety disorder.

The Board denied entitlement to earlier effective dates for nonservice-connected pension and special monthly pension based on the need for aid and attendance, finding that there was no evidence of permanent total disability or need for regular aid and attendance prior to November 8, 1996.

The Board has ordered additional development due to the need for clarification on whether any of the Veteran's respiratory conditions pre-existed service and were aggravated or permanently worsened as a result of active service, including exposure to herbicide agents.

The Board has reopened the Veteran's claim for service connection for a right knee disorder, but denied both the original and secondary claims for COPD/emphysema. The evidence does not establish that either condition is related to service.

The Board is remanding the case to obtain additional medical records, ensure proper notification under VCAA, and provide a comprehensive analysis of the etiology of the Veteran's cause of death.

The Board has remanded the case due to the need for an assessment of radiation dose exposure and further development, including providing notice in accordance with Hupp v. Nicholson.

The Veteran seeks service connection for a respiratory disability, including COPD, and claims it is related to inservice exposure to mustard gas. The Board has determined that additional development is needed to verify the Veteran's claimed exposure to mustard gas and obtain relevant treatment records.

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the PTSD did not warrant a rating in excess of 50 percent, the hemorrhoids warranted no compensable evaluation, the heart condition was not proximately due to or aggravated by his service-connected diabetes mellitus, hypertension was also not proximately due to or aggravated by his service-connected diabetes mellitus, and emphysema with COPD was not related to in-service asbestos exposure.

The Veteran's hypertension claim has been reopened. The chronic respiratory disorder claim is pending as no diagnosis or treatment records are available.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for COPD and metastatic squamous cell carcinoma left neck/parotid, as the evidence does not relate to an unestablished fact necessary to substantiate these claims.

The Board has decided to remand the case for a VA examination to determine if the appellant's current pulmonary disability, including pulmonary fibrosis and COPD, is related to service.

The Veteran's death was not caused by a service-connected condition, and he did not meet the criteria for burial benefits due to lack of service-connected disabilities.

The Board has remanded the case for further development, including obtaining VA and private medical records from 1998 to 2007, and for a VA opinion regarding whether the cause of death is related to service or a service-connected disability.

The Veteran's COPD is found to be related to his exposure to environmental hazards during active service, specifically the decontaminant spray used in aircraft. The Board finds that the Veteran's account of this exposure is credible and consistent with other evidence of record.