COPD decisions — 2010

The Board denied service connection for COPD and hammer toes of the bilateral foot, as well as right ankle disability and arthritis of the bilateral foot. The Veteran's claims were not granted.

The Veteran's service as a gunner's mate in the U.S. Navy exposed him to powerful naval gun recoil and shipboard asbestos exposure, which may have contributed to his current systemic joint disorder, spine disorder, and pulmonary disorder (to include COPD). The Board has ordered further examination and development of evidence.

The Board has found that the Veteran does not have PTSD or COPD due to service, and his diaphragmatic/hiatal hernia claim is remanded for further development.

The Board has determined that the Veteran's COPD first manifested in service and is etiologically related to service, granting service connection for COPD.

The Veteran's claims for service connection for various conditions, including depression and anxiety (claimed as psychiatric disorder), COPD, dementia, colitis, and hypothyroidism are denied. The Board finds that the evidence does not support a finding of in-service onset or association with service.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Veteran's service connection claim for residuals of throat surgery is granted. However, his claim for COPD as due to asbestos exposure is denied.

The Board has determined that the Veteran does not have a chronic respiratory disability secondary to asbestos exposure and therefore, service connection for this condition is denied.

The Veteran's claim for special monthly pension based on the need for aid and attendance or housebound status is denied as he does not meet the criteria for either benefit.

The Veteran's claim for service connection for asbestosis or other asbestos-exposure-related disability is being remanded due to the inadequacy of a previous VA examination and opinion. The Board will seek additional medical comment regarding whether any current lung disability, including COPD, is related to his conceded exposure to asbestos during military service.

The Board is remanding the case to the RO for further development, including providing proper VCAA notice and obtaining additional medical records. The Veteran's claim will be reconsidered after these steps.

The Board found that there was no evidence linking the Veteran's service or any incidents therein to the disabilities that caused his death. Therefore, service connection for the cause of the Veteran's death is not warranted.

The Veteran's COPD is not service-connected, as there is no evidence of asbestos-related lung disease and the current condition does not meet the criteria for direct service connection.

The Veteran's death was caused by pneumonia, and the Board has determined that additional development is needed to address the issues of accrued benefits.

The Veteran's application for Service-Disabled Veterans' Insurance was denied because his nonservice-connected conditions, including diabetes mellitus, major depressive disorder, and chronic obstructive pulmonary disease, exceed the 300 percent mortality threshold.

The Board has determined that there is a nexus between the Veteran's COPD with silicosis and his active duty service, granting his claim for service connection.

The Board found that the Veteran does not have asbestosis or any other asbestos-related disease and his COPD is not due to exposure to asbestos in service.

The Veteran's claim for service connection for chronic obstructive pulmonary disease is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that neither the Veteran's military service nor his service-connected bilateral lower extremity neurovascular disorder caused or contributed to his death. The cause of death listed on his death certificate was respiratory failure, COPD, fractured cervical vertebra, and vascular dysfunction-atherosclerotic heart disease.

The Board found that the Veteran's service-connected disabilities did not contribute to his cause of death, which was renal failure due to staphatineus pneumonitis with sepsis. The Board concluded that there is no link between the Veteran's active military service and his death.