COPD decisions — 2010

The Veteran's asbestos-related lung disease with COPD has necessitated outpatient oxygen therapy since August 10, 2010. Prior to this date, the disability did not meet the criteria for a 60% or higher rating under DCs 6833 and 6604. The Veteran's PTSD is currently rated at 70%, reflecting significant occupational and social impairment.

The Veteran's death was not caused by a service-connected disability, and the Board finds that the left knee disability did not contribute to his death or cause any of the conditions listed. Service connection would not have been warranted for these conditions on a secondary basis.

The Veteran's appeal for service connection on pleural thick thickness, COPD, low back disorder, chronic bronchitis and residuals of sea sickness has been dismissed due to the withdrawal of a notice of disagreement in regard to these issues.

The VA determined that the appellant's COPD does not warrant a rating higher than 30 percent, based on his pulmonary function test results.

The Veteran's appeal for service connection for COPD has been dismissed due to his death.

The Veteran's bronchitis with early COPD has been manifested by forced expiratory volume in one second (FEV-1) greater than 80-percent predicted, ratio of FEV-1 to forced vital capacity (FEV-1/FVC) greater than 80 percent, and diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) greater than 80-percent predicted. However, an initial compensable rating is not warranted.

The Board found that the Veteran's asthma and COPD were not related to his service-connected hemorrhagic fever, either as a result or secondary to it.

The Board has granted service connection for asthma and COPD, finding that the Veteran's current conditions are at least as likely as not related to her military service. The evidence considered included a private physician's opinion linking the Veteran's sinus problems during service to her current asthma and COPD.

The Board found that the Veteran's COPD and lung cancer are not related to his service exposure to carbon tetrachloride and bromochloromethane, as well as his long history of smoking. The Board denied both claims.

The Board has remanded the case for a VA examination to determine if the Veteran currently has COPD and chronic bronchitis related to active service. The Veteran's private medical records must also be obtained.

The Veteran's claims for service connection have been denied. The Board found that there was no credible evidence of a stressor event in service, and thus the claim for PTSD could not be substantiated. The other claims were also denied due to lack of supporting evidence or medical nexus.

The Board has determined that there is no evidence linking the Veteran's respiratory condition to asbestos exposure or mustard gas exposure during service. Therefore, the claim for service connection for chronic bronchitis and COPD as a result of exposure to asbestos and/or mustard gas is denied.

The Board has remanded the case for additional development due to issues related to service connection for various disabilities, including eye disability, COPD, gastrointestinal disability, and hearing loss. The Veteran is asked to provide information about his medical history and treatment records.

The Board found that the Veteran's COPD is not related to his service, including exposure to asbestos, chlorine, phosgene, and herbicides. The evidence does not support a finding of service connection for COPD.

The Board denied the appellant's request to reopen her claims for service connection for the cause of death, accrued benefits, and nonservice-connected death pension due to lack of new and material evidence.

The Board has determined that the Veteran's COPD and laryngeal cancer are service-connected, with exposure to asbestos during active service being a contributing factor.

The Board denied the Veteran's claim for service connection for residuals of pneumonia, to include COPD, finding no nexus between his current disability and service.

The Board has denied the Veteran's claims for service connection for asthma and COPD, finding that new evidence does not raise a reasonable possibility of substantiating the claim. The Board also determined that COPD is not proximately due to or aggravated by a service-connected disability.

The Veteran's claim for service connection for bilateral hearing loss and respiratory disorder (to include as secondary to asbestos exposure) was denied. The Board found no evidence of a respiratory disorder during or immediately after service, and the current diagnosis is attributed to cigarette smoking. For hearing loss, the Board noted that there were no specific references in service records to hearing-related complaints, but the Veteran's DD Form 214 reflects he served in Vietnam and had noise exposure. The claim for respiratory disorder was denied as there was no evidence of asbestos exposure during or after service.

The Board found that the Veteran's cause of death (cardiopulmonary arrest, respiratory insufficiency and chronic obstructive pulmonary disease) was not caused or aggravated by his service-connected anxiety disorder. The Board concluded that there is no direct evidence linking the causes of death to service.