COPD decisions — 2010

The Veteran's condition deteriorated significantly after August 9, 2007, and VA facilities were not feasibly available for transfer. The medical care provided from August 10 to August 29 was deemed unnecessary due to the deterioration.

The VA determined that the Veteran's respiratory disorder, diagnosed as COPD and asthma, was not incurred in or aggravated by service. The Board found no evidence of a chronic respiratory disorder during service and concluded that any current condition is more likely due to post-service smoking.

The Veteran is essentially so helpless as to need regular aid and attendance by another person, meeting the criteria for special monthly pension based on the need for aid and attendance.

The Veteran's COPD, diabetes, congestive heart failure, vascular problems, back pain, rib pain, and perforated pancreas are not the result of VA treatment. The Board finds that these disabilities were not caused by or the result of the March 2002 coronary artery bypass graft surgery.

The Veteran's lung condition, including chronic lung disease, chronic obstructive pulmonary disease, emphysema, and pneumonia, was not incurred in or aggravated by his military service.

The Board has granted service connection for chondromalacia of the right patella, and is remanding the remaining claims for asthma, COPD, and multilobar pneumonia to allow for further development.

The Veteran died in September 2007 and was not entitled to VA compensation or pension benefits at the time of his death. The Board found that he did not meet the criteria for a burial allowance due to lack of service-connected disability, and thus denied the claim.

The Board has determined that the Veteran's cause of death is due to his hypertension and COPD, both of which are related to service. The Board grants service connection for the cause of death.

The Board denied the Veteran's claim for service connection for COPD due to tobacco use or nicotine dependence during and since service, finding that it was barred as a matter of law.

The Veteran's death was caused by multiple conditions unrelated to his service, and thus he cannot be granted service connection for the cause of his death.

The Board denied service connection for the cause of death, concluding that there was no evidence showing that the Veteran had COPD or renal disease during service and that his service-connected right knee disability did not contribute to his death.

The Veteran's bronchiectasis with COPD is manifested by a productive cough without weight loss, anorexia, or frank hemoptysis. The FEV-1 is 65 percent of predicted value and the ratio FEV-1/FVC is 103 percent of predicted value. Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO(SB)) is 90 percent of predicted value. The criteria for an evaluation in excess of 30 percent have not been met.

The Board has determined that the appellant's current lung disease, diagnosed as COPD, is causally related to her service-connected nicotine dependence.

The Veteran's service-connected PTSD, COPD, atherosclerotic heart disease, and recurrent aspirational pneumonia were found to be causative of his death. The appeal for DIC under 38 U.S.C.A. § 1318 is dismissed as moot due to the grant of service connection for the cause of death.

The Board has remanded the claims due to a material defect in the supplemental statement of the case, specifically regarding records from the Las Vegas VAMC.

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

The Veteran's lung disorder, diagnosed as COPD and calcified pleural plaques, is related to his in-service asbestos exposure. The Board grants service connection for this condition.

The Board finds that service connection for a respiratory disability is not warranted, as the evidence does not support a finding that the current COPD was incurred in or aggravated by service.

The Board has determined that new and material evidence had not been received to reopen the Veteran's claim of entitlement to service connection for a lung disorder. The Court has now remanded the case to consider the issue on the merits.

The Board found that there is no evidence of COPD, asthma, or emphysema during service and the Veteran's current conditions are not causally related to his military service. The presumption of herbicide exposure does not apply as there was no in-service diagnosis or treatment for these conditions.