COPD decisions — 2010

The Veteran's COPD and congestive heart failure are not due to carelessness, negligence, or similar instance of fault on the part of VA medical providers between 2002 and 2004. Therefore, his claims for compensation under 38 U.S.C.A. § 1151 are denied.

The Veteran's chronic kidney disability manifested by kidney stones is not considered a current diagnosis and was denied. The Veteran's pulmonary sarcoidosis, however, has been service-connected as related to his COPD.

The Veteran's cause of death was attributed to COPD due to, or as a consequence of, asbestosis. Radiation exposure and tobacco use were also considered significant contributing factors.

The Veteran's claim for service connection for a respiratory/pulmonary disorder, including as a result of exposure to asbestos, is being remanded due to incomplete examination reports and the need for additional VA treatment records.

The Board has ordered the RO to schedule a VA examination and obtain updated employment information, as well as provide the Veteran with notice of his rights under Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006). The claim will be remanded for further development.

The Veteran's appeal for service connection for sleep apnea, lung disability (COPD), and PTSD has been denied as there is no current diagnosis of these conditions related to her military service.

The Board has determined that further development is needed before the claim can be properly adjudicated, including providing VCAA notice and obtaining a medical opinion regarding whether the Veteran's service-connected anxiety neurosis caused or contributed to his death.

The Veteran's claim for nonservice-connected pension benefits was denied due to the absence of service connection for any disabilities. The Board has ordered a remand to obtain additional medical records and conduct further examinations to assess the impact of his nonservice-connected conditions on his ability to work.

The Board has remanded the case due to incomplete records and the need for additional medical examinations. The Veteran's claims will be reconsidered based on the new evidence.

The Board found that the Veteran was exposed to asbestos in service, but there is no evidence of an asbestos-related lung disease such as asbestosis. The claim for COPD due to asbestos exposure and secondary sleep apnea claims are both denied.

The Board is remanding the case to determine whether the Veteran's death was due to a recurrence of his cancer or a new primary site, and to consider any potential exposure to Agent Orange.

The Veteran's claims for service connection have been denied. The Board has remanded the case to obtain additional medical records and to schedule the Veteran for VA examinations.

The Board has determined that the Veteran's death was not caused by a service-connected condition, and thus denied entitlement to service connection for the cause of his death.

The Board denied the Veteran's claim to reopen his service connection for a lung disorder, including emphysema and chronic obstructive pulmonary disease due to nicotine. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's appeal has been withdrawn with respect to the issues of service connection for COPD, right knee chondromalacia, and left knee post traumatic degenerative joint disease. The case is being remanded for additional development regarding cervical spine service connection.

The Veteran's claims for service connection for various conditions, including visual disability, arthritis of the feet (gout), fractured ankles, prostate cancer, heart disability, and COPD, were denied as there is no competent medical evidence linking these conditions to his military service.

The Veteran's appeal is being remanded due to the need for additional medical examinations and evaluations, particularly regarding his COPD and diabetes mellitus.

The Board finds that the Veteran's chronic obstructive pulmonary disease is not service-connected as it is caused by his history of smoking and there is no evidence linking it to active duty or to rhinitis.

The Veteran's death was not caused by a service-connected disability, and the Board found no evidence to support service connection for cause of death or DIC under 38 U.S.C.A. § 1318.

The Board has determined that the appellant's claim for service connection for the cause of death and her DIC benefits under 38 U.S.C.A. § 1318 have been denied as new and material evidence was not received to reopen the claims.