COPD decisions — 2012

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals at the RO in Indianapolis, Indiana.

The Veteran claims service connection for asthma and COPD, alleging exposure to mold in barracks at Keesler Air Force Base. The Board has ordered a remand due to the need for clarification on whether pre-existing hay fever represents a preexisting disability and if so, whether it was aggravated by service.

The Board found that the Veteran's COPD is not related to service or an incident of service origin, and thus denied the claim.

The Veteran's appeal is being remanded for further development of his service connection claims, including obtaining additional medical records and conducting a VA examination.

The Board has remanded the case due to issues related to service connection for hearing loss and tinnitus, as well as chronic obstructive pulmonary disease. The Veteran's request for a travel board hearing is granted.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that the residuals of left leg cellulitis did not contribute to his death and that the primary causes were COPD and multiple strokes.

The Board has granted service connection for COPD and pulmonary fibrosis, each for accrued benefits purposes. The Veteran's COPD and pulmonary fibrosis were found to be the result of his service-connected asbestosis.

The Board has determined that the Veteran's death was caused by lung cancer, which is service-connected. However, due to a law prohibiting service connection for deaths resulting from tobacco use during service, the claim cannot be granted based on this theory of entitlement.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the cause of the Veteran's death and whether it was related to service-connected conditions or post-service employment.

The Veteran's claims for COPD, hypertension, and heart disease are being remanded due to the need to establish service connection as secondary to a psychiatric disorder. The claim of service connection for a psychiatric disorder is also being considered.

The Board has determined that the Veteran's current COPD is etiologically related to his active military service, including his in-service asbestos exposure.

The Veteran's tinnitus is found to be related to his active service, and he is granted service connection for this condition. The issues of bilateral hearing loss and a lung disability (emphysema and COPD) are remanded for further development.

The Veteran's claim for service connection for a respiratory disorder, including as due to asbestos and chemical exposure, is being remanded for additional development.

The Veteran's claim of entitlement to service connection for a chronic respiratory disability, including emphysema, COPD, and pneumonia, is being remanded due to the need for additional VA treatment records.

The Board has determined that the Veteran's COPD is not related to his military service, and therefore denied his claim for service connection.

The Board finds that the Veteran's respiratory condition, including allergic rhinitis and sleep apnea, was not incurred in or aggravated by military service.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied both his claim for service connection for the cause of death and his DIC claim.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected chronic asthma with chronic obstructive pulmonary emphysema, including consideration of all applicable rating criteria. Additional relevant records from November 2009 forward must also be obtained.

The Board finds that the Veteran's diagnosed COPD and emphysema are not service-connected, as they are more likely related to his post-service occupational exposure as a firefighter and cigarette smoking.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for disability due to EMG/NCV studies performed at the VAMC in Salisbury, North Carolina.