COPD decisions — 2011

The Board has remanded the case for additional development due to insufficient evidence on service connection claims, including hypertension and COPD, as well as an acquired psychiatric disability.

The Veteran's claims for service connection were denied due to lack of evidence supporting the claimed conditions. However, new and material evidence was received in some cases, reopening the claims.

The Veteran's lung disorder, diagnosed as COPD and interstitial lung disease, was not related to his service or any incident therein, including exposure to asbestos or chemicals.

The Board has determined that the Veteran's COPD is service-connected due to asbestos exposure during active duty. The VA examiner found that asbestos exposure contributed to the development of the Veteran's obstructive lung disease, which includes both COPD and sarcoidosis.

The Board denied the Veteran's claims for service connection for back injury residuals with arthritis, bilateral hearing loss, chronic asthma, and bilateral carpal tunnel syndrome. The claim for cellulitis was not addressed in this decision. Service connection was denied as there was no new and material evidence to reopen the previously denied claim for back injury residuals with arthritis.

The Veteran's unauthorized medical expenses incurred for emergency care on April 13-14, 2006 at the Johnson City Medical Center are now eligible for reimbursement due to the failure of VA facilities to provide timely treatment.

The Board found that the Veteran's diverticulosis with diverticulitis and gastrointestinal bleeding, as well as his chronic obstructive pulmonary disorder with pneumonia and respiratory failure, were not due to fault on the part of VA in furnishing hospital care or treatment. The decision denied compensation under 38 U.S.C.A. § 1151 for both conditions.

The Board has determined that the Veteran's current COPD and asbestosis are not related to his military service, including exposure to asbestos. The evidence does not support a finding of service connection for these conditions.

The Board denied the Veteran's claims for service connection for COPD and a compensable rating prior to May 17, 2007 for tinea pedis and papular dermatitis of the feet, hands, and scalp. The Veteran's COPD was not shown to be related to his active service or any incident thereof. His tinea pedis and papular dermatitis were found to have been manifested by no more than pain and itching prior to May 17, 2007, and the need for oral steroids thereafter.

The Board has reopened the claim for service connection for degenerative disc disease of the lumbar spine and granted it. The lung disability manifested by COPD is not considered due to service connection.

The Veteran's appeal is remanded due to the need for additional VA examinations and records to determine the current severity of his service-connected bilateral hearing loss and pulmonary asbestosis with asthma and COPD.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death. The appellant was denied both her claim for service connection and her request for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied service connection for residuals of lung cancer, COPD, and liver hemangioma due to carbon tetrachloride exposure as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's lung disorder, diagnosed as chronic obstructive pulmonary disease (including bronchitis), is presumed to have been incurred due to exposure to Agent Orange during service. However, the peripheral neuropathy of the lower extremities is not related to service or herbicide exposure.