COPD decisions — 2012

The VA examiner found no objective medical evidence of asbestos exposure or related lung disease, and concluded that the Veteran's COPD and emphysema are less likely as not caused by his military service, including any alleged asbestos exposure.

The Board found that the Veteran's respiratory symptoms are attributable to known clinical diagnoses of chronic obstructive pulmonary disease and/or asthma, which were not etiologically related to active service.

The Veteran submitted new evidence suggesting his lung cancer and COPD may be related to environmental exposure, particularly coral dust. The Board finds this sufficient to reopen the claim for service connection.

The Veteran's claimed respiratory and neurological conditions are not service-connected as they were either pre-existing or not related to his military service.

The Board has determined that the Veteran's COPD is not related to his service, specifically his motor vehicle accident in February 1959. The VA physicians and a VA physician's assistant have provided opinions stating that it is less likely than not that the Veteran's COPD disability was related to his service.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that cellulitis, stroke with left hemiparesis and multi infarct dementia, congestive heart failure, coronary heart disease, diabetes mellitus, chronic obstructive pulmonary disease, and hypothyroidism were not present in service or related to service. The Board also found that the Veteran's service-connected stomach disorder (chronic enteritis) did not contribute to his death.

The Veteran's lung disorder, including COPD and pleural plaques, was not incurred in or aggravated by active military service. The VA examiner found no link between the current conditions and asbestos exposure during service.

The Veteran's appeal is being remanded to obtain a VA examination and medical opinion regarding his ability to secure or follow substantially gainful employment due to his service-connected disabilities. The AMC must also confirm if there are any outstanding private or VA treatment records.

The Board found that neither bronchial asthma nor COPD was incurred in or aggravated by service, and may not be presumed to have been incurred therein.

The Veteran's appeal is being remanded for a videoconference hearing due to his request, and the issue of service connection for COPD, emphysema, and cryptogenic pneumonia, to include as secondary to Agent Orange exposure, remains pending.

The Board granted an initial 30 percent rating for COPD, effective December 28, 2004.

The Veteran's lung disorder, including COPD, bronchiectasis, and asthma, was not incurred in active service and is not otherwise related to active duty. Bronchiectasis may not be presumed to have been incurred therein.

The Board has ordered a remand to obtain medical opinions regarding the Veteran's lung disorders and their relationship to his military service, specifically asbestos exposure. The appeal is currently in remand status.

The Board found that the Veteran's chronic pulmonary disability, including bronchiectasis and COPD, was not incurred or aggravated during active service. The evidence did not support a finding of in-service aggravation.

The Veteran's claim for service connection for COPD and chronic bronchitis has been granted. The VA examiner found that the Veteran currently has chronic bronchitis, which is related to his military service.

The Veteran's claims for service connection of COPD, an initial evaluation higher than 30 percent disabling for sleep apnea, and a rating in excess of 40 percent for retrolisthesis of L5-S1 with chronic low back pain since June 1, 2007 have all been denied. The Veteran is advised that he must file a timely substantive appeal to perfect his appeals on these issues.

The Board dismissed the appeal due to lack of timely filing of a notice of disagreement for the denial of service connection for degenerative disc disease. The Veteran's claims for other conditions were denied as they are not compensable under VA regulations.

The Board has determined that the Veteran served on a ship operating in Vietnam's inland waters, presumptively exposing him to herbicides. The cause of death was attributed to respiratory failure due to lung cancer. However, it is unclear whether the lung cancer originated in his lungs or metastasized from another site. A medical opinion is needed to determine if the Veteran's fatal cancer is directly related to service and Agent Orange exposure.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if the Veteran's respiratory disorder is related to service, Agent Orange exposure, or asbestos exposure.

The Veteran's death was not caused by VA medical care, and the cause of his death (MRSA sepsis) is not considered to be a result of VA fault.