COPD decisions — 2011

The Veteran's appeal is being remanded to the RO for a Travel Board hearing at his local VA office in Cleveland, Ohio. The Veteran and his representative will be notified of the date, time, and place of the hearing.

The Board denied service connection for PTSD, an acquired psychiatric disability other than PTSD, and COPD. The Veteran did not engage in combat with the enemy and there is no credible supporting evidence of any claimed in-service stressors.

The Board denied the claim that service connection for the cause of the Veteran's death is warranted, finding no evidence linking COPD to military service or any other condition.

The Board has remanded the case for additional development, including scheduling a VA examination to address both theories of entitlement (asbestos exposure and gasoline and petroleum fumes) and compliance with duty-to-assist requirements.

The Board has determined that the Veteran's current lung disorder is related to his period of active service, and thus service connection for a lung disorder (COPD) is granted.

The Veteran's case is being remanded to allow him to participate in a Board hearing before a Member of the Board. The appeal involves service connection for COPD, which may be secondary or aggravated by diabetes mellitus and/or PTSD.

The Board has reopened the Veteran's claim for service connection for asthma, emphysema, and COPD. The evidence presented since the last denial shows that these conditions may have preexisted service but were aggravated by active duty. However, there is no clear and unmistakable evidence to rebut this presumption of aggravation.

The Board has determined that the Veteran's claims of clear and unmistakable error in various rating decisions are mixed, with some issues being granted and others denied. The Veteran is seeking service connection for a variety of conditions including flatfeet/pes planus, neck muscle strain, wrist disorders, arthritis, cervical spine disorder, carpal tunnel syndrome, peripheral vascular disease, asthma, rhinitis, sleep apnea, conjunctivitis, hyperlipidemia, and sinusitis.

The Veteran's death was not due to a service-connected disability, and there were no pending claims for accrued benefits at the time of his death.

The Veteran's service-connected chronic obstructive pulmonary disease with bronchitis and traumatic arthritis have rendered him unable to secure or follow substantially gainful employment, consistent with his high school education and previous barbering experience.

The Board has remanded the Veteran's claims due to additional development and consideration being required, including a VA examination for psychiatric and respiratory disorders.

The Board denied the Veteran's claims for service connection for right hand and finger disability, right foot metatarsalgia, and bilateral pes planus as these conditions were not incurred or aggravated by service. The Veteran's right-side pneumothorax resolved without residuals, left-sided pneumothorax is not attributable to service, and his current respiratory disorders are not related to service.

The Veteran's cause of death, cardiorespiratory failure due to sepsis and renal failure, is found to be related to his service-connected generalized anxiety disorder which led to smoking. The Board finds the evidence in equipoise regarding whether the service-connected condition caused or contributed substantially or materially to the Veteran's death.

The Veteran's claim for service connection for a respiratory disorder, diagnosed as COPD, emphysema, and asthma, is being remanded due to the need for additional medical examination and development of records.

The Board found no competent medical evidence linking the Veteran's current respiratory disorder, including COPD, to his service or specifically to asbestos exposure. The claim is denied.

The Veteran died in April 2006 due to atherosclerotic cardiovascular disease and chronic obstructive pulmonary disease. The appellant's claim for burial benefits, including plot or interment allowance, is denied as the Veteran was buried in a national cemetery.

The Board finds that the Veteran's claimed conditions, including hypothyroidism, COPD, a neurological condition (to include multiple sclerosis), and uveitis, are not related to service or any presumptive exposure. As such, these claims for service connection are denied.

The Board found that the Veteran's service-connected PTSD did not contribute to his death from lung cancer, and thus denied the claim for cause of death.

The Veteran's claims for a compensable rating for pulmonary fibrosis and TDIU are being remanded due to the need for additional development, including further examination by a pulmonologist.

The Veteran seeks service connection for COPD, which he claims is related to his in-service asbestos exposure. The RO denied the claim due to lack of evidence of an asbestos-related disease. The case is now remanded for further development and a VA examination.