COPD decisions — 2012

The Veteran is not entitled to service connection for an acquired psychiatric disorder, anxiety and alcohol abuse.,Service connection is denied for hearing loss as there is no evidence of a current disability related to service or any other compensable level of hearing loss within one year after separation from service.,Service connection is denied for tinnitus as there is no evidence of a current disability related to service or any other compensable level of hearing loss within one year after separation from service.,Service connection is denied for a respiratory/lung disorder (to include COPD and lung nodules) due to lack of evidence showing the condition was incurred in or caused by service.

The Board found no evidence to support a relationship between the Veteran's current pulmonary disorder, including COPD, and his military service. The claim was denied.

The Board has determined that additional development is needed to obtain medical records and to conduct examinations for the Veteran's claimed disabilities. The case will be remanded for these actions.

The VA denied the Veteran's claim for service connection for COPD, finding that there is no medical nexus between his current condition and in-service exposure to VX nerve gas. The most probative evidence indicates that the Veteran's COPD is more likely due to tobacco use.

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

The Veteran's claim for a higher rate of special monthly compensation (SMC) above aid and attendance is being remanded due to his failure to attend a scheduled VA examination in April 2009. The case will be further evaluated based on the evidence of record, including any new information obtained from Atkinson's Home Health Care.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and date of onset of his actinomycosis, as well as whether COPD is proximately due to or aggravated by actinomycosis.

The Veteran is seeking compensation under the 38 U.S.C.A. § 1151 for additional disability due to VA medical or surgical treatment, associated with a left rotator cuff repair in November 2004. The case has been remanded for further development including obtaining the signed consent form and ensuring proper informed consent procedures were followed.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, was denied. The evidence does not support a finding that the Veteran currently has such a condition.,Ischemic heart disease is presumed to have been incurred as a result of exposure to herbicides during military service.

The Veteran's appeal is being remanded to the RO for initial consideration of his request for an extension of time to respond to the December 2011 Supplemental Statement of the Case (SSOC).

The Board found that the evidence of record does not show that the Veteran's COPD is etiologically related to his period of active service and therefore denied the claim for service connection.

The Board found no evidence linking the Veteran's Hodgkin's disease or COPD to service, and thus denied claims for service connection.

The Veteran's cause of death is listed as COPD, with CAD and hypertension as significant contributing conditions. The Board finds that the Veteran served in Vietnam during a period when herbicide exposure was presumed, and thus service connection for his coronary artery disease (CAD) is granted.

The Veteran's claim for service connection for COPD is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board finds that the Veteran's death was not caused by VA hospital care, medical or surgical treatment, and there is no evidence of any fault on the part of VA. The cause of death was a pulmonary embolism due to the femoral fracture.

The Board has determined that the Veteran's current respiratory disorder, diagnosed as COPD, was not present in service and is not related to his military service.

The Board has determined that there is no evidence linking the Veteran's fatal disease process to his active military service or any of his service-connected disabilities, and thus service connection for the cause of the Veteran's death is denied.

The Veteran's appeal is being remanded for additional development, including a referral to the Director of Compensation and Pension Services for an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Board has determined that the Veteran's lung disability, including COPD, emphysema, fibrosis, and bronchial asthma, did not have its clinical onset in service or is otherwise related to active service.

The Veteran's current COPD was not incurred during service or until many years after discharge and is not etiologically related to active duty service or any incident thereof, but rather is due to his smoking.