COPD decisions — 2011

The Board has determined that the Veteran's death was not caused or contributed to by his service-connected chronic obstructive pulmonary disease, and therefore, denied the claim for service connection for the cause of death.

The Veteran's service-connected chronic obstructive lung disease with history of asthma is currently rated at 30 percent, and the evidence does not support a higher rating based on current disability level.

The Board has granted a 30 percent evaluation for chronic sinusitis since November 14, 2007. The Veteran's claims for service connection of COPD and asthma have been denied, as well as his claim for an increased initial evaluation for chronic sinusitis.

The Board has determined that additional evidentiary development is necessary prior to the readjudication of the Veteran's claim of entitlement to service connection for a chronic respiratory disorder, consistent with the Court remand.

The Veteran's cause of death was listed as probable arteriosclerotic cardiovascular disease, with COPD contributing to his death. The Board found that neither condition is service-connected.

The Veteran's claims for reopening a service connection claim and for an increased evaluation of his appendectomy scar are being remanded due to the Veteran's failure to appear at scheduled hearings.

The Board found that there is no medical evidence indicating a current hearing loss disability was incurred or aggravated by active duty.,There is no medical evidence showing a connection between the Veteran's pulmonary disabilities, including COPD and asthma, and her active duty.

The Veteran's appeal is being remanded for a Travel Board hearing and clarification of his representation. The issues of service connection for PTSD, depression, and COPD are still pending.

The VA determined that the Veteran's COPD did not manifest in service or for many years thereafter and is not related to service.

The Veteran's death was caused by a disability incurred in or aggravated by his active duty service, specifically his service-connected PTSD. The Board found that the evidence is in equipoise on whether the Veteran's service-connected PTSD contributed to his death from aspiration.

The Veteran's death was due to nonservice-connected causes and he is not buried in a national cemetery. However, the appellant is eligible for a plot or interment allowance as he served on active duty and his death was from nonservice-connected causes.

The Board denied the Veteran's claims for increased ratings for his hearing loss and arthritis of the knees, but granted a non-compensable rating for his service-connected cervical spine condition. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a respiratory condition was not addressed as it is inextricably intertwined with other claims.

The Board has determined that the Veteran's death was due to his COPD and metastatic colon cancer, which were incurred during active service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's service-connected disabilities, including Meniere's syndrome with deafness and tinnitus, chronic obstructive pulmonary disease (COPD), chronic lumbosacral strain and degenerative arthritis, residuals of a left wrist injury, and residuals of a right wrist injury, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the TDIU claim.

The Board found no evidence of COPD or heart disease during service, and the Veteran's current conditions are not shown to be related to his military service. Service connection for COPD is denied.

The Veteran's claims for service connection for prostate condition, respiratory disorder including asthma and COPD, hypertension, and hypertensive cardiovascular or arteriosclerotic heart disease were denied as the evidence does not show these conditions were incurred in or aggravated by service.

The Veteran's respiratory condition is not due to, or the result of, Agent Orange exposure and was not proximately caused or aggravated by any other incident of service.

The Board found that the Veteran's COPD is not related to his military service and denied his claim. The residuals of lung surgery are presumed due to Agent Orange exposure, but there is no evidence linking it to current disability.

The Board finds that the Veteran does not have a lung disability, to include COPD and pulmonary fibrosis, that is the result of disease or injury incurred in or aggravated during active military service.

The Veteran's appeal is remanded due to the need for a new VA audiological examination and additional COPD treatment records. The initial rating for bilateral hearing loss remains under review, as does the issue of an increased rating for COPD.