COPD decisions — 2012

The Board denied service connection for the cause of death due to COPD, finding that it was not incurred or aggravated in service and noting that tobacco abuse contributed to the Veteran's death. The claim is denied.

The Veteran's service-connected PTSD with related alcohol dependence contributed to cause his ethanol-related seizure disorder, which ultimately resulted in his death. The claim for DIC benefits is moot as the cause of death is now established.

The Veteran's death was caused by metastatic melanoma, which is presumed to have developed due to prolonged exposure to sunlight during his Navy service.,Service connection for COPD has been denied as the disorder did not develop in-service and there is no evidence of a nexus between the disorder and service.

The Board found that the Veteran's current lung disability is not related to his active service, including exposure to herbicides in Vietnam. The VA examiner opined that the lung disability was less likely caused by or aggravated by his military service.

The Board has granted service connection for tinnitus, a low back disability, and an acquired respiratory disability to include COPD, asthma, chronic bronchitis, sinusitis, and laryngitis.,Service connection is established for these conditions based on direct evidence of their onset during active duty.

The Veteran's unauthorized medical expenses incurred from June 30, 2009 to July 6, 2009 at Fort Sanders Sevier Medical Center are granted as the treatment was for a service-connected disability (multiple sclerosis) and no VA facility could have been feasibly available.

The Board has determined that the Veteran's current COPD developed after his discharge from service and is not etiologically related to service. Therefore, the claim for service connection for COPD is denied.

The Board found that the reduction of a 60 percent rating for bilateral pleural plaques due to asbestos exposure to a noncompensable (0 percent) rating effective April 1, 2008 was proper. The Veteran's COPD is not service-connected.

The Veteran's left pleural plaques are found to be related to his in-service asbestos exposure, and service connection is granted for this condition.

The Veteran's appeal has been dismissed as he withdrew his appeal for service connection of COPD. The remaining issues are addressed in the REMAND portion.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Jackson Hospital from March 5, 2009 to March 9, 2009 was denied as the treatment did not relate to a service-connected disability and he had other health care coverage.

The Veteran's claim for service connection for depression has been granted. The Board found that the Veteran's manifestations of diagnosed depression cannot be meaningfully separated from his manifestations of service-connected PTSD.

The Veteran was granted TDIU effective from August 12, 1991 due to his service-connected COPD. The Board found that the criteria for an earlier effective date were not met.

The Veteran's claim for service connection for chronic obstructive pulmonary disease, claimed as due to asbestos exposure, is being remanded for additional development including obtaining VA outpatient treatment records and an addendum opinion from the examiner who conducted his March 2010 VA examination.

The Board has found new and material evidence to reopen the claim of service connection for COPD, but further development is needed before de novo review can be conducted.

The Veteran's cause of death, diagnosed as chronic obstructive pulmonary disease (COPD), due to or as a consequence of coronary artery disease and renal insufficiency, is not shown to have been directly incurred in service. The Board finds that the preponderance of the evidence is against finding that the Veteran's cause of death is etiologically related to active service.

The VA determined that the Veteran's lung disorder, including emphysema and/or COPD, is not due to his service exposure to asbestos but rather is related to his long history of heavy cigarette smoking.

The Board denied service connection for COPD and prostate cancer, finding that the appellant did not have a diagnosis of these conditions during service or within one year after discharge. The exposure to ionizing radiation is also not supported by evidence.

The Board has reopened the Veteran's claim for service connection for a lung disability, but finds that further development is needed before deciding the merits of the case.

The Board has determined that the Veteran's death was not caused by or substantially contributed to by a service-connected disability, and therefore denied both claims for DIC benefits and under 38 U.S.C.A. § 1318.