COPD decisions — 2010

The Board has granted service connection for COPD, finding that the Veteran's exposure to MEK during military service aggravated his pre-existing COPD.

The Veteran's claims of entitlement to increased ratings for spondylosis, L5-S1 and service connection for sleep apnea were granted. The Veteran was assigned a maximum schedular rating (100%) for residuals of concussion with headaches.

The Board has determined that the Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 are denied, but the issues of entitlement to service connection for COPD, a heart disorder, and an aneurysm remain pending before the RO.

The Veteran's COPD was first shown over thirty years after discharge from service, and the medical evidence of record indicates that it is more likely than not due to his 30-year history of heavy cigarette smoking. Therefore, the claim for service connection for COPD is denied.

The Veteran's left ear disability is service-connected, and the initial rating for COPD with chronic reactive bronchitis has been granted. The Veteran was awarded a higher rating for dysmenorrhea prior to April 20, 2009, but not for her hysterectomy post-August 1, 2009.

The VA Board found that the Veteran's current lung conditions, including recurrent acute bronchitis, are not related to his military service.

The Veteran's COPD, Heart Disease, Restless Leg Syndrome, and Bilateral Lower Extremity Neuropathy are all found to be related to service.

The Board found that the Veteran's fatal COPD was not caused by service or any incident of service, but rather due to in-service and post-service tobacco use. Therefore, service connection for the cause of death is denied.

The Veteran's service-connected COPD and secondary CAD have rendered him wheelchair-bound, unable to be independently mobile or perform several activities of daily living without the aid and attendance of another. As a result, he is in need of regular aid and attendance due to loss of use of both lower extremities.

The Board has determined that the Veteran's COPD is not related to his active duty service and is due to cigarette smoking, which began after he separated from service. The other issues on appeal are addressed in the REMAND portion of this decision.

The Board found that neither military service, to include herbicide exposure, nor a service-connected disorder caused or contributed to the Veteran's death. The medical evidence did not support a link between any of the diagnosed conditions and military service.

The Veteran's death was not caused by any service-connected condition, and there is no evidence that the cause of death was due to an event or occurrence that was not reasonably foreseeable. Therefore, service connection for the cause of the Veteran's death is denied.

The Veteran's cause of death was listed as bronchogenic carcinoma, but the Board found no service-connected condition that caused or contributed to his death. The appellant is not eligible for VA death pension benefits due to lack of qualifying service.

The Board denied the appellant's claims for reimbursement of unauthorized medical expenses incurred at King's Daughter Medical Center from January 17, 2006, to January 20, 2006. The denial was based on the fact that VA facilities were feasibly available and the appellant did not seek authorization or transfer.

The evidence does not support a finding that the Veteran's current lung disorder is related to his active service, including asbestos exposure. The Board finds the April 2010 VA examination to be the most probative piece of medical evidence regarding the claim.

The Veteran's claim for a permanent and total rating for pension purposes is being remanded due to the need for additional medical examinations, records review, and reconsideration of his disability ratings under the Schedule for Rating Disabilities.

The Veteran's lung disorders, including asthma and COPD, were not first manifested during service or related to in-service asbestos exposure.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's claims for COPD, PTSD rating increase, and nasal polyps have been dismissed due to his death.

The Board denied service connection for the Veteran's claimed back disability, COPD, sinusitis/allergic rhinitis, and gastric ulcer due to lack of evidence showing a link between these conditions and active service.