COPD decisions — 2012

The Veteran's claims for special monthly pension and increased rating are being remanded to allow for additional development of his medical records, including those from private doctors. A VA examination will be scheduled to assess the severity of his candidiasis of the feet with tinea pedis and hyperhidrosis, as well as whether he meets the requirements for SMP at the aid and attendance or housebound rate.

The Veteran's asthma has been evaluated at 60 percent since May 2006, and the evidence does not meet the criteria for a higher evaluation.

The Board found that the Veteran's cause of death, probable myocardial infarction, was not caused or substantially contributed to by his service-connected conditions (COPD, hearing loss, and tinnitus).

The Board has determined that the Veteran's COPD and sleep apnea are as likely as not related to his military service, granting both claims for service connection.

The Veteran's claims for service connection for COPD, CAD, and hypertension are being remanded due to the need for additional medical examination and development of records.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, including lung cancer and PTSD. The evidence does not support a finding of asbestos exposure in service.

The Board denied the Veteran's claim for service connection for a lung disability, including COPD and pulmonary fibrosis, as his assertions of in-service asbestos exposure were not supported by medical evidence linking his current lung disorders to his military service.

The Board found no evidence of a chronic pulmonary disease during service and concluded that the Veteran's current bronchial asthma and COPD are not related to military service, including exposure to DDT.

The Board has remanded the case due to the need for a DRO hearing and other administrative actions.

The Veteran's unauthorized medical expenses incurred from February 13, 2010 to February 15, 2010 are granted as the services were rendered in an emergency and VA facilities were not feasibly available.

The Board found that the Veteran's lung disorder, including lung cancer and COPD, was not incurred in service. Ischemic heart disease was also not shown to be related to service or a service-connected condition.

The Board has determined that the Veteran's current pulmonary disability, including asthma and COPD, began during service and is related to his in-service symptoms. As such, the claim for service connection is granted.

The Board found that the Veteran's current lung disability, diagnosed as COPD, is not related to his active service or any aspect thereof, including his service-connected rhinitis, sinusitis, or deviated septum.

The Board has dismissed the appeals for service connection of bilateral hearing loss disability and tinnitus due to withdrawal by the Veteran's representative. The claim for service connection of COPD was denied as there is no evidence that it was incurred in or aggravated by service.

The Board has determined that additional development is needed, including obtaining outstanding VA treatment records and scheduling a VA examination. The appeal will be returned to the RO for further action.

The Board finds that the Veteran's COPD and emphysema are not diseases associated with herbicide exposure, thus denying service connection on a presumptive basis. The preponderance of evidence does not support a relationship between the Veteran's lung conditions and his presumed exposure to herbicides during service.

The Board finds that the Veteran's lung disabilities, including asbestosis and COPD, were not incurred in or aggravated by service. The VA examination did not find evidence of asbestos-related lung disease.

The Board found that the Veteran's COPD did not preexist his military service and was not caused or aggravated by his service-connected right lung calcified granuloma. The Veteran's sole service-connected disability, a right lung calcified granuloma with a noncompensable rating, does not prevent him from securing and following a substantially gainful occupation.

The Veteran developed additional COPD disability as a result of VA medical treatment or lack thereof, and the proximate cause was carelessness, negligence, or similar instance of fault on the part of VA.

The Board has ordered a supplemental opinion from Dr. C.L.S. to clarify whether the Veteran's COPD was caused or aggravated by service-connected disability, and if so, whether it contributed to his death.