COPD decisions — 2010

The Board has ordered additional development to determine if a service-connected disability caused or contributed to the Veteran's death.

The Veteran's death was caused by COPD, and atherosclerotic cardiovascular disease contributed substantially to his death. The appellant contends that the service-connected PTSD/anxiety condition contributed to his heart disease and death. The Board finds that the private cardiologist's opinion is of greater probative value and grants service connection for the cause of the Veteran's death.

The Veteran's service-connected disabilities did not contribute substantially or materially to his death, and his death was not caused by a disability incurred in or aggravated by active service. The claim for DIC benefits under 38 U.S.C.A. § 1318 has also been denied.

The Board has determined that the Veteran's respiratory disorder, including chronic obstructive pulmonary disease (COPD), is proximately due to or aggravated by a service-connected disability, specifically his left lower lung lobe disorder, residual of asbestosis. As such, the claim for service connection is granted.

The Veteran's TDIU claim is being remanded due to the need for a rating decision on his service-connected respiratory disorder, which may affect his eligibility for TDIU. The case will be returned to the RO after this additional development.

The Board has remanded the case due to a need for additional development, including obtaining medical opinions and providing compliant notice letters.

The Board has determined that the Veteran's claims for service connection have been denied as new and material evidence was not received to reopen any of the previously denied claims.

The Board denied the Veteran's claims for service connection for COPD and hepatitis B, finding no evidence of a current disability or a link to service.

The Board denied the Veteran's claim for service connection for COPD, to include emphysema, finding that there was no evidence of a lung disability during active service or developed as a result of an established event, injury, or disease during active service. The Veteran indicated his belief that smoking led to his present lung disability.

The Board has determined that the Veteran's death certificate shows he died from pneumonia, COPD, and history of congestive heart failure. The appellant contends that his service-connected PTSD contributed to his death. The Board finds it necessary to obtain the Veteran's inpatient terminal records from the Oklahoma Veterans Center for a proper decision.

The Veteran's claim for service connection for COPD, to include as due to inservice herbicide exposure, is being remanded. The Board will determine whether the Veteran timely initiated an appeal from the October 2004 rating decision and whether there was CUE in that decision.

The Board has denied the Veteran's claims for service connection for right ear hearing loss and tinnitus. The claim for a lung condition is pending as it was not addressed in this decision.

The Board has determined that the Veteran's service-connected COPD contributed substantially to his death from lung cancer, and thus grants the claim for service connection for the cause of death.

The Veteran's actinic keratosis was not found to be service-connected due to lack of evidence showing its onset during service or as a result of herbicide exposure. The COPD claim is denied because there is no evidence linking the condition to service, including asbestos exposure.

The Veteran's claim for service connection for chronic obstructive pulmonary disease has been dismissed due to his death.

The Veteran's claims for service connection for a pulmonary disability, including COPD and emphysema as due to exposure to herbicides or other environmental toxins, and service connection for cardiomegaly, including as secondary to a pulmonary disability are being remanded for further development.

The Veteran's claim for service connection for a disability, claimed as due to Agent Orange exposure, is denied because he has not specified a separate disability that is due to his Agent Orange exposure.

The Veteran's claims for service connection for various conditions, including hearing loss, respiratory disorder, psychiatric disorder, and hypertension, were denied as the evidence did not show a current disability related to service.

The Board denied the Veteran's claims for service connection for a lung disability and cervical spine disability, finding that there was no evidence to support these conditions as being related to his military service.

The VA determined that the Veteran's COPD is not related to his military service and denied his claim.