COPD decisions — 2010

The Veteran withdrew his appeal on the claim of service connection for chronic obstructive pulmonary disease and asthma.

The Veteran's claim for an earlier effective date for the grant of service connection for asbestosis with COPD was denied. The Board found that the February 26, 2003 decision to reopen his claim and assign a rating is correct.

The Board finds that the Veteran's COPD with bronchiectasis was not incurred in or aggravated by his active military service, nor may it be presumed to have been so incurred or aggravated.

The Board denied the Veteran's claims for service connection for a respiratory disorder and for TDIU, finding that his current respiratory condition is more likely due to long-term cigarette smoking rather than military service.

The Veteran's claim for service connection for a respiratory disease, including COPD, is denied as there is no credible evidence linking the current disability to his active service.

The Board has remanded the case for additional development due to inadequate medical opinions from previous VA examinations.

The Veteran's pulmonary disorder did not meet the criteria for a higher rating as it did not show specific lung function test results that would warrant a higher rating under VA's disability evaluation guidelines.

The Veteran's death was not caused by his service-connected PTSD, and the COPD that led to his death was due to his long-term tobacco use. Therefore, the claim for service connection for the cause of death is denied.

The Board found that the Veteran's service-connected malaria did not cause or contribute to his death, which was due to COPD exacerbation with aspiration and GI bleed as a consequence of left lower lobe pneumonia.

The Veteran's claim for service connection for COPD, tinnitus, and bilateral hearing loss has been denied as there is no evidence of a current disability or in-service event that is related to the conditions.

The Veteran's appeal has been dismissed due to his death. His claims for service connection for tinnitus, and applications to reopen claims for service connection for hearing loss and COPD are now moot.

The Veteran's claims for a compensable rating for residuals of a left testicle mass removal, service connection for PTSD, and reopening his claims for an acquired psychiatric disorder other than PTSD and a respiratory disorder were all denied. The claim for service connection for PTSD is addressed in the REMAND portion.

The Board found that the Veteran's respiratory disorder, including COPD and emphysema, was not incurred in or aggravated by active military service. The evidence did not support a finding of asbestos exposure during service, nor could it establish a link between current respiratory issues and service.

The Board has determined that the Veteran's COPD had its initial clinical onset during his active service and granted service connection for this condition.

The Board denied the Veteran's claims of service connection for COPD and a compensable rating for bilateral hearing loss, finding that the preponderance of evidence was against these claims. The Veteran's prostate cancer and erectile dysfunction were granted initial ratings.

The Board found that the Veteran's COPD and PTB did not have their onset during service, were not related to a disease or injury of service origin, and therefore denied service connection for cause of death.

The Board found that the causes of the Veteran's death were not related to service-connected disabilities, including his combat wounds sustained in August 1944. The Board determined that these injuries did not play a material causal role in the Veteran's death or substantially worsened any other condition leading to his death.

The Veteran's appeal for an initial compensable rating for COPD was withdrawn. The Board also dismissed the claim for service connection for a chronic upper airway disability (claimed as sinusitis) because there is no evidence of a current diagnosis of chronic sinusitis and no causal relationship to service-connected COPD.

The Board denied the Veteran's claims for service connection and increased rating for various conditions, finding no evidence of in-service injury or disease that could be linked to his current symptoms.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is being remanded due to incomplete information from VA examinations.