COPD decisions — 2011

The Veteran's claim for service connection for a respiratory disorder, including COPD claimed as due to asbestos exposure, is being remanded for further action.

The Board found no evidence of a heart injury or disease in service, and the Veteran does not have current diagnosed conditions for heart disorder, hypertension, blood disorder, or COPD. Therefore, service connection is denied.

The Veteran's appeal is being remanded to obtain additional development regarding his claims for service connection for COPD and sleep apnea, including a VA examination to determine the etiology of these conditions.

The Veteran's asbestos exposure syndrome and COPD have not met the criteria for a higher disability evaluation, as his lung function tests do not show impairment that warrants an increased rating.

The Veteran is seeking service connection for COPD and emphysema, which he claims are secondary to his service-connected asbestosis. The Board finds that an additional medical opinion is needed to determine if the Veteran's current COPD and/or emphysema was aggravated by his service-connected asbestosis.

The Board has determined that the Veteran's disabilities prevent him from protecting himself from the hazards of his environment, meeting the criteria for special monthly pension based on the need for regular aid and attendance.

The Board has denied the Veteran's claims for service connection for PTSD, a respiratory disability, and a compensable rating for bilateral hearing loss. The Veteran did not have a chronic respiratory disability during his period of active duty or since filing his claim.

The Veteran's respiratory disability, characterized as asthma with x-ray evidence of COPD and emphysema, warrants a 30 percent rating due to the need for daily inhalational anti-inflammatory/bronchodilator therapy.

The Board has remanded the case for a VA medical opinion to determine if the cause of the Veteran's death is etiologically related to his active service, including malaria and multiple back injuries during combat.

The Board found that the Veteran's current respiratory disorders, including COPD and bronchitis, did not begin during service or as a result of any incident in service. The evidence showed that his symptoms began many years after service separation.

The Veteran's appeal is being remanded for additional development, including an examination to determine the etiology of any left eye disability and a Statement of the Case on his claim for an initial disability rating greater than 10 percent for asthma with pleural plaquing and chronic obstructive pulmonary disease.

The Veteran died of chronic obstructive pulmonary disease. The appellant contends that his death was caused by asbestos exposure during military service, but the VA examiner found no evidence of asbestos-related lung disease in the Veteran's records. Additional medical opinion and treatment records are needed to determine if the Veteran's terminal COPD is attributable to his military service.

The Board denied the appellant's claims for service connection for chronic obstructive pulmonary disease and pulmonary tuberculosis, finding no evidence linking these conditions to his active duty or inactive duty training.

The Board has granted the petition to reopen service connection for a respiratory condition, including asbestosis. The underlying claim on the merits regarding bilateral hearing loss is not addressed due to its status of 'unknown'.

The Board denied service connection for all claimed conditions, including acquired heart disease, COPD, neck disability, back disability, and psychiatric disorder. The reasons were that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's service connection claim for a respiratory disability other than pleural-based plaques, including asbestosis, is denied. His current diagnoses of chronic obstructive pulmonary disease and chronic bronchitis are not related to his in-service asbestos exposure.

The Veteran's death was caused by end stage chronic obstructive pulmonary disease (COPD), with significant contributing conditions including arteriosclerotic cardiovascular disease, diabetes, lung carcinoma, hypertension, and atrial fibrillation. Service connection for the cause of his death is granted.,The claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as the Veteran's death was not service-connected.

The Board has remanded the claims for service connection due to the need for additional development, including obtaining outstanding VA and private treatment records, scheduling a VA psychiatric examination, and scheduling a VA examination for chronic obstructive pulmonary disorder.

The Veteran's emergency room visit and hospitalization from January 9, 2004 through January 14, 2004 were deemed eligible for reimbursement due to the emergent nature of his condition. The treatment was provided at a non-VA facility that held itself out as providing emergency care.

The Veteran's lung disability, previously evaluated as pulmonary tuberculosis, is not shown to meet the criteria for a higher evaluation based on FEV-1 or DLCO (SB) values.