COPD decisions — 2011

The Veteran's claims for service connection for loss of sense of smell and respiratory disabilities are being remanded due to inadequate notification and the need for additional evidence regarding his exposure history.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death, and there was no evidence of full-body exposure to mustard gas during service. The claim for service connection for the cause of death was denied.

The Board found that the Veteran's death was not attributable to nicotine dependence or service connection, and denied the claim.

The Board finds that the Veteran's coronary artery disease, which is presumed to have been incurred during service due to herbicide exposure in Vietnam, contributed substantially and materially to his cause of death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's claims for service connection were denied. The Board found no credible or competent evidence of any in-service events, injuries, or diseases that could be linked to the current conditions.

The Board found that the Veteran's cause of death, acute interstitial pneumonia due to (or as a consequence of) idiopathic pulmonary fibrosis, was not caused by his service-connected PTSD or exposure to asbestos while in military service. The medical evidence did not support these theories.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking his colon cancer to his active duty service.

The Veteran's service connection claim for left ear hearing loss was denied, while his claim for chronic obstructive pulmonary disease was granted and assigned a 100% disability rating effective from January 7, 2009.

The Veteran's death was caused by COPD, Congestive Heart Failure, and Supraventricular Tachycardia, all of which are not related to his military service.

The Board found that COPD was not incurred in or aggravated during service and is not etiologically related to service. The Veteran's claim for service connection for COPD, which he contends is due to Agent Orange exposure, was denied.

The Veteran's death was caused by aortic dissection, atherosclerotic cardiovascular disease and COPD. These conditions were not service-connected or related to any service-connected condition.

The Board denied the Veteran's claims of service connection for a lung condition including COPD, asthma and bronchiectasis and for hernia, status-post surgical repair. The claim to reopen was denied as new evidence did not raise a reasonable possibility of substantiating the claim. Service connection for hernia was also denied.

The Veteran's appeal is being remanded for further development, including obtaining VA examinations and medical opinions regarding his respiratory disability and PTSD with major depressive disorder. The TDIU claim will also be considered in conjunction with the increased rating claim.

The Board has determined that the cause of the Veteran's death was not incurred in or aggravated by service, nor did any service-connected disability cause or substantially contribute to his death.

The Board has remanded the case for additional development, including obtaining private treatment records and Social Security Administration disability benefits records. The Veteran's TDIU claim is also referred to the appropriate department officials for extraschedular consideration.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the Atlanta RO due to his inability to travel.

The Veteran's respiratory disabilities, including COPD and rhinitis/sinusitis, are service-connected as secondary to his service-connected sinusitis and rhinitis.

The Board has remanded the case for additional development and to consider whether a new hearing is needed. The Veteran's claims of service connection for mid-back contusion residuals, coronary artery disease (claimed as secondary to pericarditis), and chronic respiratory disability (COPD) are currently on appeal.

The Veteran's COPD was evaluated as 30 percent disabling, and the Board found that his FEV-1 did not meet criteria for a higher rating.