COPD decisions — 2013

The Board found that the Veteran's lung disability, including his squamous cell carcinoma and COPD, was not incurred in or aggravated by service. The opinion from a VA pulmonologist stated that the symptoms were caused by cigarette smoking rather than asbestos exposure.

The Board has determined that the Veteran does not have COPD or Diabetes mellitus, type II that is causally related to his active military service.

The Board found that the Veteran's current respiratory disability, including COPD, was not incurred in or aggravated by service and may not be presumed to have been caused by service.

The Board has determined that the Veteran's pulmonary disability, including COPD, restrictive disease and asbestosis, is at least as likely as not due to in-service exposure to asbestos. As a result, service connection for these conditions is granted.

The Veteran's net worth does not constitute a bar to receipt of nonservice-connected pension benefits due to his and his wife's current financial situation, life expectancy, and health status.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for the cause of his death, including an evaluation of the causal relationship between any conditions he may have had during service and his death.

The Board found that the Veteran's respiratory disabilities, including emphysema and COPD, were not incurred in or aggravated by active service. The evidence did not support a link between his asbestos exposure during service and his current respiratory conditions.

The Board finds that the preponderance of evidence is against the finding that the Veteran has a respiratory disability, to include COPD and bronchitis, that had its onset in service or is etiologically related to any incident, disease, or exposure during his active service.

The Board found that the Veteran's death was not caused by any service-connected disability, including his asbestos exposure during service.

The Board denied the Veteran's claims for service connection for chronic obstructive pulmonary disease, chronic bronchitis, and an 8mm granuloma in his right lung. The evidence did not establish a direct relationship between these conditions and service.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including for respiratory conditions.

The Veteran died in October 1984 from COPD with intractable CHF. The Board found no evidence linking these conditions to service or a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board has granted service connection for COPD and a lumbar spine disability, but the claims for bronchitis, chest pain, and hypertension are remanded due to incomplete development of the record.

The Board finds that the Veteran does not have residuals of catarrhal fever, and any current respiratory disability is more likely related to his service-connected sinusitis than to his in-service catarrhal fever. The claim for service connection for a respiratory disability is denied.

The Board denied the Veteran's claims for service connection for COPD, heart disability, and right eye macular degeneration/scar due to chemical burn during service. The rating for residuals of a chemical burn to the right eye was also denied.

The Veteran's death was not caused by a service-connected condition, and he did not meet the criteria for accrued benefits or basic eligibility for DEA. The cause of his death (pneumonia due to lung cancer) is not attributable to service, including presumed exposure to herbicides.

The Board found that COPD was not incurred in or aggravated by service and is unrelated to service. The VA examiner's opinion supported the conclusion that smoking history, rather than active duty chemical exposure or pneumonia, was a significant risk factor for the development of COPD.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person, or at the housebound rate was denied as he does not meet the criteria for such benefits.

The Board is considering whether new and material evidence has been received to reopen the Veteran's claim for service connection for Type II diabetes mellitus, which he claims was caused by herbicide exposure. The Board is also considering his claim for service connection for a pulmonary disorder including COPD, which he claims was caused by exposure to asbestos, silica, and other chemicals. Both issues are being considered on their merits.

The Board found that the Veteran's sinus disorder and COPD were not incurred or aggravated by service, including exposure to asbestos. The claims are therefore denied.