COPD decisions — 2012

The Board has determined that the Veteran's death from respiratory arrest due to severe end-stage COPD was at least as likely as not caused by his in-service asbestos exposure, resolving all reasonable doubt in favor of the appellant.

The Board found that the Veteran's lung disorder, COPD, was not incurred during service and denied his claim for service connection. The diabetes mellitus claim is pending on remand.

The Veteran's claim for service connection for a chronic lung disorder, including pulmonary fibrosis and COPD, is remanded due to inadequate examination. The TDIU issue is dependent on the resolution of this claim.

The Board found that the Veteran's hypertension, which preexisted service and was aggravated by his military service, did not contribute substantially or materially to his death.

The Board has remanded the case for additional development and to schedule a hearing before the Board.

Service connection for COPD and lung cancer is not granted as the Veteran's death was not caused by a service-connected condition.,The cause of death, however, is determined to be related to the Veteran's lung cancer.

The Board has remanded the case due to a procedural defect where an NOD was filed but no SOC was issued. The Veteran is advised that he must file a timely substantive appeal in response to the SOC.

The Board found that the Veteran's current respiratory disorders, including COPD and emphysema, are not related to his military service.

The Board denied service connection for asbestosis and awarded service connection for pleural plaques due to asbestos exposure, but assigned a noncompensable rating.

The Board found that the Veteran's COPD did not originate in service and denied his claim for service connection.

The Board has reopened the Veteran's claim of service connection for a respiratory disorder, to include COPD. The evidence received since the November 2002 rating decision is new and material, raising a reasonable possibility of substantiating the claim.

The Veteran's service records are unavailable, but he has provided evidence of exposure to tank exhaust and spray paint during his military service. The Board finds that the requirements for ordering a VA examination have been met due to the continuity of problems since service.

The Board denied service connection for the cause of the Veteran's death, finding that cardiopulmonary arrest and COPD were not present in service, are not presumptively related to service, and are not shown to be etiologically related to service. The claim was also precluded by law due to the Veteran's history of smoking.

The Board denied reopening the claim for service connection of COPD, finding that no new and material evidence had been received to support the claim.

The Veteran's claim for service connection for a respiratory disorder, including COPD, bronchitis, and asthma, due to in-service exposure to jet fuel and/or cold weather is being remanded for additional development.

The Board found no competent evidence linking the cause of the Veteran's death to his service or any service-connected disability, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board has denied the Veteran's claims for increased evaluations and service connection, finding that his chronic maxillary sinusitis alone does not meet the criteria for a higher evaluation.

The Board finds that the appellant's symptoms of chest pain and shortness of breath, similar to those experienced during a 1989 heart attack, were severe enough to warrant immediate medical attention. The closest VA facility was 80 miles away, making it infeasible for him to reach within a reasonable time frame. Therefore, the Board grants payment or reimbursement for unauthorized medical expenses incurred at Cumberland Medical Center on May 27, 2008.

The Veteran seeks TDIU based on his service-connected disabilities. The case is being remanded for further examination and consideration of the combined effect of all service-connected conditions.

The Board denied service connection for carpal tunnel syndrome, fibromyalgia, and COPD as due to an undiagnosed illness during service. The Veteran's claims were not addressed in terms of presumptive service connection under the Gulf War Veterans' Illnesses presumption.