COPD decisions — 2013

The Veteran's claim for service connection for a pulmonary/respiratory disorder, including chronic asthma and COPD, claimed as due to asbestos exposure, is denied. The evidence does not establish a direct link between the Veteran's current respiratory conditions and his military service.

The Board has dismissed the appeals for COPD, a central nervous system disorder, and a prostate disorder due to withdrawal by the appellant. The claim for service connection for accrued benefits purposes for an acquired psychiatric disorder (including PTSD) is denied as there was no evidence of a current disability during the Veteran's lifetime.

The Board has determined that COPD was not incurred or aggravated in service and is not proximately due to or the result of the service-connected sinusitis.

The Veteran's appeal is being remanded for further development, including VA examinations to assess his respiratory disability and acquired psychiatric disability.

The Board found that the evidence did not support a finding of service connection for a lung disorder, including COPD, due to lack of direct evidence linking it to service or service-connected conditions.

The Veteran's service treatment records are negative for complaints of respiratory symptoms or a diagnosed respiratory disability. His service personnel records reflect that his Military Occupational Specialty was Wheeled Vehicle Mechanic, which does not indicate exposure to asbestos. The VA examinations did not find any current respiratory disability related to service.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss or lung disorder (to include emphysema and COPD) that is related to his military service. The evidence fails to show that these conditions were present during service, did not develop as a result of any incident during service, and are not otherwise related to the Veteran's active duty.

The Board has determined that the Veteran's claim for service connection for COPD with asthma cannot be reopened as there is no new and material evidence to support his claim.

The Veteran's claims for service connection for a pulmonary disorder and hypertension are being remanded due to inadequate development of the evidence.

The Veteran's cause of death was denied due to a service-connected disability not being the primary or contributory cause. The claim for reopening has been granted.,The appellant is not considered permanently incapable of self-support prior to attaining the age of 18 based on her condition at that time.

The Board has determined that the Veteran's service-connected PTSD caused him to use tobacco products, which was a substantial factor in developing his fatal COPD. The Board finds that without this history of smoking, his chances of developing fatal COPD would likely be reduced. Therefore, the cause of death is granted.

The Veteran's chronic bronchitis with COPD, now including pulmonary hypertension, is rated at the maximum (100%) under DC 6600.

The Veteran's claim for service connection for a pulmonary disability, including asthma and COPD, is being remanded due to the need for a comprehensive VA examination to determine the nature and etiology of any current pulmonary disability.

The Board has determined that the Veteran's unauthorized medical expenses incurred from December 2, 2007 to December [redacted], 2007 at Homestead Hospital were reasonable and necessary due to a medical emergency. The treatment was provided in an appropriate setting and there were no other feasible options available.

The Board has determined that additional development is necessary to determine if new and material evidence has been submitted to reopen the appellant's claim for service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for a respiratory disorder, including as due to asbestos exposure, is being remanded for further development and consideration.

The Board has determined that the Veteran's COPD did not have its onset during service and is not otherwise related to active duty, including claimed asbestos exposure. As such, the claim for service connection for COPD is denied.

The Veteran's appeal is being remanded due to the need for additional medical records and an examination. The issue of entitlement to a permanent and total disability rating for nonservice-connected pension purposes remains on hold.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied service connection for cause of death.

The Board has determined that the Veteran's chronic obstructive pulmonary disease was not incurred or aggravated by service and is not related to his service-connected sinusitis.