COPD decisions — 2012

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between his conditions and military service.

The Veteran's asbestosis is found to be related to his military service, and he is granted service connection for this condition. The issue of asthma and COPD remains unresolved.

The Board has remanded the case for additional development to obtain medical records and a VA examiner's opinion regarding the Veteran's cause of death.

The Veteran's appeals of the denials of service connection for COPD and a thyroid disorder were not perfected, and the Board lacks jurisdiction to consider these issues.

The Board has remanded the case for additional development, including obtaining service treatment records and Pensacola Naval Air Station medical records. The Veteran's current lung impairments will be evaluated to determine if they are related to his asbestos exposure in service.

The Board has determined that there is no evidence of a gastrointestinal disability in service or within one year following discharge, and thus cannot be presumed to have been incurred therein.,There is also insufficient evidence linking any current heart disorder to service. The Veteran's separation examination did not reveal any heart issues.

The Board has determined that the Veteran does not have a current diagnosis of sinusitis, but finds in favor of service connection for tinnitus. The Veteran's tinnitus is related to his active service and he was granted service connection.

The evidence does not support a finding that the Veteran's current respiratory disorder, including COPD, is related to his military service or exposure to asbestos. The VA examiner opined that the COPD was more likely due to his long-term smoking history.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of his lung disabilities.

The Veteran claims service connection for COPD, but the VA examiner found that his current condition is more likely due to tobacco abuse rather than an in-service exposure. The case is being remanded to obtain additional medical records and conduct further examination.

The Board has decided to remand the case for additional development, including obtaining SSA records and VA treatment records. The Veteran's claim will be reconsidered based on the new evidence.

The Board has determined that the service member's sarcoidosis, which was aggravated by his military service and exposure to environmental hazards, contributed substantially or materially to his death. The Board finds in favor of the appellant.

The Veteran's nonservice-connected disabilities, including PTSD with alcohol dependence and degenerative joint diseases of the spine, knee, and foot, have rendered him permanently and totally disabled for pension purposes.

The Board denied the Veteran's claims of service connection for COPD, peripheral neuropathy, and bilateral hearing loss. The evidence did not support a current diagnosis or etiology linking these conditions to his active duty service.

The Board finds that the appellant has failed to present evidence showing that VA's care or treatment caused or contributed significantly to the Veteran's death. The medical records indicate multiple health issues, including COPD and coronary artery disease, which were treated by VA prior to his death.

The Veteran's claims for service connection and increased ratings were granted, with effective dates prior to December 6, 2004. The Veteran was also awarded a TDIU.

The Board has remanded the case due to a lack of representation for certain issues and to issue a statement of the case regarding service connection for chronic obstructive pulmonary disease.

The Veteran's service-connected varicose veins are found to have contributed substantially and materially to his death from a cerebrovascular accident.

The Veteran's claim for higher ratings for his asbestos related lung disease, including COPD and pleural plaques, is denied as the evidence does not meet the criteria for a rating in excess of 60 percent since May 8, 2009.

The Board found that the Veteran's current diagnosis of COPD is not related to service, including exposure to herbicides. The VA examiner concluded it was less likely than not that the Veteran's COPD is related to service.