COPD decisions — 2012

The Veteran's death was not caused by a service-connected condition, and the claims for DIC under 38 U.S.C.A. § 1310 and accrued benefits were denied.

The Board found that the appellant's claimed conditions were not incurred or aggravated by his active service, and no presumptive exposure to herbicides is applicable. The claims for COPD, liver disability, skin cancer, and bladder and kidney disability are all denied.

The Veteran's cause of death was not related to his military service, and there were no pending claims for accrued benefits at the time of his death.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death and left the issue of COPD for accrued benefits pending.

The Veteran's chronic obstructive pulmonary disease, including emphysema, was incurred in service and is granted as service connection. The rating for residuals of spontaneous pneumothorax with thickened pleura in the right apex remains pending.

The Board has remanded the case due to the need for a VA opinion regarding whether the Veteran's service-connected conditions or exposure to asbestos in service caused his death. The appellant is also provided with new notice letter and an opportunity to submit additional evidence.

The Board dismissed the appeal due to the death of the appellant, and no service connection was granted.

The Board denied compensation under 38 U.S.C.A. § 1151 for residuals of a pneumovax shot resulting in COPD and diabetes mellitus, finding no evidence linking these conditions to the vaccine.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Board of Veterans' Appeals.

The Board found that the Veteran's diagnosed chronic bronchitis and COPD were not incurred or aggravated in service, as there is no evidence of a current disability related to military service. The claim was denied on the basis that his lung conditions are caused by smoking.

The Board has remanded the case for additional development, including obtaining the Veteran's complete service treatment records and post-service treatment records. The VA examiner is to provide an opinion on whether it is at least as likely as not that the Veteran's cirrhosis was related to active service or any incident of service, and if so, whether it contributed substantially or materially to his death from pneumonia complications and severe chronic obstructive pulmonary disease.

The Board denied the Veteran's claims for service connection for peripheral vascular disease, initial compensable evaluation for COPD, and initial compensable evaluation for chronic maxillary and ethmoid sinusitis. The appeals were decided on the basis that there was no evidence of a current diagnosis or sufficient medical support to establish these conditions as being related to military service.

The Board found that the Veteran's COPD and coronary artery disease with hypertension and angina are not related to his military service, including exposure to toxic gas or bronchitis during service. The claims for service connection were denied.

The Board has determined that the Veteran's claims for service connection for a respiratory disability, back disability, and gastrointestinal disability are not supported by the evidence of record. The preponderance of the evidence is against finding a link between these conditions and the Veteran's period of active military service.

The Board has denied the Veteran's claims for service connection for diabetic retinopathy, hypertension, and heart disease due to exposure to Agent Orange. The remaining claims are being remanded.

The Board denied service connection for the cause of the Veteran's death, finding that his respiratory condition was not related to service or radiation exposure. The claim for Dependents' Educational Assistance (DEA) benefits was also denied.

The Board found that the Veteran's service-connected conditions did not contribute to his death, and denied the claim for service connection for the cause of death.

The Veteran's claim for an initial disability rating in excess of 10 percent for COPD, from March 17, 2008, is being remanded due to the need to obtain pulmonary function test results.

The Veteran's claim for service connection for COPD is being remanded due to the need for additional records from SSA and VA.

The Veteran's claims for service connection for bilateral hearing loss disability and chronic obstructive pulmonary disease were previously denied due to lack of in-service diagnosis or relationship to service. New evidence received since the prior denial is not considered new and material, thus the claims remain denied.