COPD decisions — 2013

The Board denied the Veteran's claims for service connection for chronic obstructive pulmonary disease and hypertension, finding that new and material evidence had not been submitted to reopen the claim for chronic obstructive pulmonary disease. The decision also denied service connection for hypertension due to presumed exposure to herbicides in Vietnam.

The Board has ordered a remand due to the need for additional development, including obtaining medical records and providing an examination.

The Veteran's claim for a compensable rating for pleural plaques due to asbestos exposure is under review. The VA examiner will be asked to determine if the service-connected pleural plaques contributed to the limitation in pulmonary function as documented in the file, including on VA examinations.

The VA has determined that the Veteran's lung disorder, including COPD, is not related to his military service and does not meet the criteria for service connection.

The Veteran's cause of death was not service-connected, and his service-connected disabilities did not contribute to his death. The claim for DIC benefits under 38 U.S.C.A. § 1318 is also denied.

The Veteran's claim for an increased rating for residuals of lung cancer, status post-thoracotomy and lobectomy, with COPD was denied as his FEV-1 and FEV-1/FVC scores did not warrant a higher evaluation.

The Veteran's service-connected disabilities, in the aggregate, preclude him from securing and maintaining gainful employment.

The Board denied the appellant's claim for service connection for a respiratory disorder, finding that there was no evidence of chronic obstructive pulmonary disease or pulmonary tuberculosis in service. The Board also denied his claim for nonservice-connected pension benefits due to lack of qualifying active service during a period of war.

The Veteran's claim for service connection for a respiratory disorder, including COPD and asthma, is being remanded due to insufficient evidence regarding the etiology of his claimed conditions.

The Veteran's lung disability is being remanded for a VA examination to determine if it is related to his service, specifically the exposure to asbestos. The claim will be reconsidered after this development.

The Board denied the Veteran's claims of service connection for a left knee disability, hearing loss, and COPD due to lack of evidence of current disabilities. The claim for service connection for a left knee injury was withdrawn by the Veteran.

The Board has remanded the case for additional development, including obtaining complete personnel records and a VA medical opinion regarding the Veteran's exposure to contaminated water at Camp LeJeune. The appellant's claim of service connection for cause of the Veteran's death is now pending.

The Veteran's appeal was denied for increased rating for bilateral pes planus with DJD, service connection for emphysema and COPD, as well as Raynaud's disease. The case is remanded to the RO for further development.

The Board has determined that the Veteran's atrial fibrillation, COPD, bilateral hearing loss, and tinnitus are not related to his period of active service. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has waived the requirement for a timely substantive appeal and granted the Veteran's appeal to proceed with his claims of entitlement to an initial compensable rating for pelvic bone fracture and service connection for various conditions.

The Veteran's claim for an initial rating in excess of 40 percent for service-connected major depression/severe anxiety is granted. The effective date for the grant of service connection for COPD is set at June 11, 2006.

The Board found that the Veteran's current skin disorder and COPD were not related to his service, including herbicide exposure. The evidence did not establish a current diagnosis of chloracne or other acneform disease consistent with chloracne, nor was there any competent evidence linking these conditions to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's COPD is related to his active service.

The Board has determined that additional development is needed to determine if the Veteran was in need of regular aid and attendance between September 2007 and his death. The case is therefore REMANDED for such development.

The Board denied the Veteran's claim for service connection for a respiratory disability, finding that his current COPD/emphysema is not related to his military service and did not warrant presumptive service connection based on Agent Orange exposure.