COPD decisions — 2012

The Veteran's claim for service connection for chronic bronchitis and COPD, to include as residuals of exposure to mustard gas and/or asbestos during active service, is being remanded due to the need for additional development regarding his claimed exposure.

The Board has remanded the case for additional development, including obtaining a medical opinion to clarify the etiology of the appellant's COPD and considering whether it is secondary to his service-connected PTSD.

The Veteran's COPD claim was not granted, but his PTSD rating remains at 50% since July 20, 2006. The decision is mixed as some issues were granted and others were denied.

The Board has determined that the Veteran's lung disability, including asbestosis and COPD, did not have its onset in service or was caused by his active military service, including exposure to asbestos from January 1948 to January 1952.

The Board has determined that further development is needed to address the Veteran's claims for service connection for COPD, hypertension, colon cancer, and prostate disability (to include BPH), as secondary to his service-connected residuals of PTB. The Veteran will be provided appropriate VCAA notice and an examination to determine if any of these conditions are related to his service-connected disabilities.

The Board has remanded the case for a VA internist to provide an opinion on whether the cause of the Veteran's death was related to service, including due to in-service exposure to asbestos. The appellant's representative argued that PTSD aggravated the Veteran's disability and contributed to his death.

The Board has granted service connection for COPD and chronic right ear hearing loss disability, finding that the evidence is in equipoise as to whether these conditions originated during active service.

The Veteran's claim for service connection for chronic obstructive pulmonary disease, secondary to his service-connected nicotine dependence, was denied as it is barred by law due to the provisions of 38 U.S.C.A. § 1103 and 38 C.F.R. § 3.300(c).

The Board has determined that the Veteran's COPD is not related to his active military service and denied his claim for service connection.

The claim for service connection for COPD was reopened, but the Veteran's death is not considered to be caused by VA care.,The Veteran died from aspiration pneumonia due to pulmonary emphysema. The MRSA infection found on routine surveillance nasal swabs did not result in active infection and does not appear to have contributed to his death.

The Board has determined that the Veteran's COPD and bronchitis were not incurred or aggravated as a result of active service.

The Board has remanded the case back to the RO for further proceedings, including obtaining a supplemental opinion from a VA examiner regarding the etiology of the Veteran's COPD and pulmonary fibrosis.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability as of August 1, 2005. His service-connected disabilities prevent him from securing and following substantially gainful employment.

The Board finds that the Veteran's COPD and psychiatric disability are not related to his active service or proximately due to, the result of, or aggravated by his service-connected asthma. As such, entitlement to service connection for these conditions is denied.

The Board found that the Veteran's COPD was not caused or aggravated by his service-connected pulmonary tuberculosis, and thus denied secondary service connection for COPD.

The Veteran's claim for service connection for COPD, claimed as due to asbestos exposure is denied because there is no medical evidence establishing a direct relationship between the Veteran's current COPD and his military service.

The Board found that the Veteran's cause of death, chronic obstructive pulmonary disease (COPD), was not caused by a service-connected disability. The VA examiner did not find evidence of asbestos-related lung disease and concluded that COPD was due to the Veteran's smoking habit rather than military exposure.

The Board has found that the Veteran's claimed conditions did not become manifest during service or are otherwise related to his military service, and thus denied all of the claims for service connection.

The Board found that the Veteran's COPD and sleep apnea are not related to his service, as evidenced by a VA examination report. The preponderance of evidence supports this conclusion.

The Board found that the Veteran's current COPD and arthritis are not related to service, specifically his exposure to sarin gas or carbon monoxide in service. The VA opinions concluded that these conditions were more likely due to smoking over a 90 pack-year history.