COPD decisions — 2011

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has reopened the claims for service connection for respiratory disorder and erectile dysfunction, finding new and material evidence. Service connection is granted for both conditions.

The Veteran's service-connected anxiety disorder does not render him so helpless as to be in need of regular aid and attendance or permanently bedridden due to his nonservice-connected medical conditions. Therefore, he is not entitled to special monthly compensation based on the need for regular aid and attendance or housebound status.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from February 7-12, 2008 at the Palms of Pasadena Hospital in St. Petersburg, Florida is denied because he does not have any adjudicated service-connected disabilities and therefore cannot qualify under 38 U.S.C.A. § 1728.

The Veteran's claim for payment of unauthorized medical expenses is denied as the preponderance of evidence shows he was stable for transfer to a VA facility on May 22, 2008.

The Veteran's appeal is being remanded for additional development to determine the relationship between his current COPD and coronary artery disease with hypertension and angina, including any service-related exposure.

The Board found that the Veteran's COPD was not shown to be related to service, including his exposure to oil fires in Kuwait. The most probative medical opinion against the claim is from a VA examiner who concluded it was less likely as not that the oil fires had any role in the development of the Veteran's COPD.

The Veteran's claims for service connection for sleep apnea, hypertension, and diabetes mellitus have been withdrawn.,Service connection is not granted for a left ankle disability. The Veteran's current ankle pain started in 2004.

The Board has remanded the case due to the need for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's bilateral knee disorder and COPD have been granted service connection. The Veteran is also granted TDIU based on his hearing loss and tinnitus.

The Board found that the Veteran's respiratory disability was not incurred in or aggravated by active duty, and denied service connection.

The Veteran's claim for a compensable rating for COPD prior to October 16, 2007 was granted. The effective date remains pending as the issue is still being developed.

The Veteran's unauthorized medical expenses incurred at North Oak Regional Medical Center from November 23 to 28, 2006 were for treatment of a continued medical emergency related to his cardiovascular problems. The Board found that the criteria for payment or reimbursement have been met and granted the claim.

The Veteran's appeal is remanded for a VA examination to determine the effect of his service-connected bronchiectasis with chronic obstructive pulmonary disease on his ability to work, and for consideration of TDIU on both schedular and extraschedular bases.

The Board denied the Veteran's claims for service connection for tinnitus, bilateral knee disability, and bilateral foot disability. The Veteran's claimed groin disability was not supported by evidence of record. Service connection was granted for residuals of pneumonia (chronic obstructive pulmonary disease).

The Veteran's claim for service connection for a respiratory disorder, including COPD and asthma, is being remanded due to the need for clarification on whether his current conditions are related to his active service or if they preexisted service.

The Veteran's lung disability and squamous cell carcinoma were not incurred in or aggravated by active service. The Board found no evidence of a nexus between the current diagnoses and military service.

The Board has determined that the Veteran's claimed conditions, including bilateral hearing loss disability, tinnitus, hay fever or allergic rhinitis, and COPD or asthma, were not incurred in or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's service-connected right spontaneous pneumothorax, status post right thoracotomy with resection of pleural blebs and pleural ablation with mild COPD is rated at 10 percent. The most recent VA examination did not provide a DLCO (SB) value, which is necessary to determine if the Veteran meets criteria for a higher rating.

The Board denied the Veteran's claims for service connection and increased disability ratings, finding that his claimed conditions were not established as incurred in or aggravated by service.