COPD decisions — 2010

The Veteran's generalized anxiety disorder and COPD are found to be related to service. The skin rash is not linked to service, but the Board finds that there is no evidence of a current left shoulder disability.

The Veteran's lung cancer, presumed to be caused by Agent Orange exposure during service, was found to have contributed substantially to his death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been rated as totally disabled due to a service-connected condition for at least 10 years immediately preceding his death.

The Veteran's claim for special monthly pension based on housebound status was denied as he does not meet the criteria of having a single permanent disability rated 100% disabling under the Schedule for Rating Disabilities.

The Veteran's claim for an increased evaluation of his service-connected spontaneous pneumothorax is being remanded due to the need for further examination and review of his claims file.

The Veteran's left ankle arthritis is found to be secondary to her service-connected right knee disability. Service connection for COPD is denied as there is no evidence linking the current condition to her active duty.

The Board has remanded the case for further development, including obtaining updated medical records and scheduling VA examinations to determine the etiology of the Veteran's low back disorder and COPD.

The service-connected hiatal hernia substantially contributed to the Veteran's death, which was caused by COPD and CAD. Therefore, the claim for service connection for the cause of the Veteran's death is granted.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for asthma and COPD, including consideration of asbestos exposure during service.

The Board found that the Veteran's lung diseases, including nonspecific interstitial pneumonia, sleep apnea and COPD, did not have onset during active service or are otherwise etiologically related to his active service, including asbestos exposure.

The Veteran's claim for special monthly pension based on housebound status was denied as he does not meet the criteria under 38 U.S.C.A. § 1521(e) due to his nonservice-connected disabilities and lack of permanent total disability rating.

The Veteran's service-connected adenocarcinoma of the left lower lobe with lobectomy and chronic obstructive pulmonary disease was not rated higher than 10 percent for the period from March 13, 2002 through April 18, 2004, or higher than 30 percent for the period from April 19, 2004 through December 7, 2004.

The Board has reopened the claim for service connection for actinomycosis and denied both the original claim of service connection for COPD, as well as a secondary service connection claim for COPD. The evidence received since the November 1998 rating decision does not establish that the Veteran had actinomycosis or COPD in service or until more than two years after service.

The Veteran's COPD is not service connected as it was not caused by asbestos or toxins exposure during military service.

The Board has determined that additional development is needed before the claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C.A. § 1318 can be properly adjudicated.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and a remand to the RO for issuance of an SOC regarding the increased rating for PTSD.

The Board has remanded the case due to inadequate VA examination and failure to obtain records related to state disability benefits. The Veteran's claim for service connection for a respiratory disability, including COPD and asbestosis, is being reviewed again.

The Board finds that none of the service-connected conditions caused or contributed to the Veteran's death. The preponderance of evidence is against granting service connection for the cause of death.

The Veteran's COPD has been rated at 10 percent since September 9, 2009. The VA examiner found mild obstructive airway disease with FEV-1 of 3.64 (87%), FVC of 5.02 (97%), and DLCO of 24.3 (63%).

The Board has remanded the case to the RO for further development due to a need for an addendum from the February 2005 VA examiner or a new examination if necessary, regarding the Veteran's COPD and its relation to asbestos exposure.

The Board has remanded the case due to the need for additional medical records and an examination to determine if the Veteran's respiratory/breathing problems are related to his service-connected shrapnel wound disability.