COPD decisions — 2010

The Board has determined that the Veteran does not have asbestosis or an asbestos-related disease other than COPD, and thus service connection for these conditions is denied.

The Board denied service connection for the cause of the Veteran's death and entitlement to Chapter 35 benefits, finding that the causes of death listed on his death certificate were not incurred or aggravated during active military service. The additional evidence received since the June 2007 decision did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the Veteran's claims for service connection for asbestosis and COPD due to insufficient evidence regarding the relationship between his current lung conditions and military service. The case is being returned to the RO/AMC for further review.

The Board has granted service connection for atrial flutter on a secondary basis to the Veteran's service-connected PTSD. The Veteran's bronchitis and chronic obstructive pulmonary disease are found to be related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability documentation. The Veteran will also be scheduled for a VA examination to assess the current severity of his PTSD.

The Board denied the Veteran's claims for service connection for chronic obstructive pulmonary disease, tooth loss and mouth ulcers, and dental treatment purposes due to lack of evidence supporting a direct relationship between these conditions and his military service.

The Veteran's death was not caused or contributed to by service-connected conditions. The Veteran did not meet the duration requirements for a total disability rating under 38 U.S.C.A. § 1318, and there is no evidence of CUE in any prior decision.

The Board has granted service connection for the Veteran's COPD, finding that it was incurred during his active duty.

The Board has determined that the Veteran's condition necessitates aid and attendance, meeting the criteria for special monthly compensation based on need for aid and attendance.

The Veteran's service connection for COPD (Chronic Obstructive Pulmonary Disease) is granted. The other issues remain pending as the ratings have not been determined.

The Veteran's claims for increased ratings and service connection were denied. His pulmonary sarcoidosis with residual pleurisy, asbestosis, COPD, left pleural thickening, and hepatic involvement are currently rated at 30 percent.

The Board found that the Veteran's service-connected conditions did not contribute to his death, and thus denied the claim for service connection for the cause of death.

The Veteran's appeal is being remanded for further development, including obtaining additional VA outpatient clinic records and a clarifying opinion from the examiner regarding whether service-connected lung cancer or lobectomy aggravates COPD.

The Veteran's need for regular aid and attendance due to his physical disabilities, including dementia/memory loss, is established. As a result, he qualifies for special monthly pension benefits based on the need for A&A.

The Veteran's respiratory disability, including residuals of pneumonia and asthma, is not considered to be related to his service. The claim for hypertension was denied due to lack of new and material evidence.

The Veteran's claims for service connection for duodenal ulcer, mild ulnar nerve compression at the right elbow (claimed as right arm tingling and numbness), benign prostatic hypertrophy, and COPD have all been denied. The Board finds that there is no evidence of a nexus between these conditions and active service.

The Board has denied the Veteran's claim for automobile and adaptive equipment or for adaptive equipment only as his service-connected disabilities do not meet the criteria for this benefit.

The Veteran's claim for service connection for asbestosis was denied. The issue of service connection for a lung disability other than asbestosis is part of the appeal and must be remanded.

The Veteran's appeal for service connection for COPD has been withdrawn. The Board also remanded the issues of increased ratings for asthmatic bronchitis, bilateral hearing loss, and hemorrhoids for further development.

The Veteran's claim for an initial rating in excess of 50 percent for PTSD was denied. The Board found that the evidence did not show total occupational and social impairment, with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood, due to symptoms like suicidal ideation, obsessional rituals, near-continuous panic or depression affecting ability to function independently, appropriate and effectively. For COPD, service connection was denied because there is no evidence showing the condition was initially manifested during service or as an aggravation of a pre-existing condition.