COPD decisions — 2013

The Board found that the Veteran's COPD, hypertension, and sleep apnea are not related to his military service. The claims were denied.

The Board has granted service connection for asbestosis. The remaining issues of entitlement to service connection for other respiratory disorders, diabetes mellitus, type II, obstructive sleep apnea, and a vision disorder are addressed in the REMAND portion of this decision.

The Board has remanded the case for additional development due to inadequate VA examination and consideration of new evidence. The claims for service connection, COPD, and TDIU are inextricably intertwined.

The Veteran's unauthorized medical expenses incurred from April 27, 2009 to April 29, 2009 are eligible for payment as they meet the criteria of emergency treatment provided in a hospital setting.

The Veteran's claim for service connection for a respiratory disorder, including as due to exposure to Agent Orange during his Vietnam service, is being remanded for further development and an examination.

The Board found that the Veteran's COPD is not related to service, as his use of tobacco products during service was prohibited and he did not engage in combat. The symptoms attributed to bronchitis and upper respiratory infections were not chronic in service or continuous after service.

The Board has ordered additional development to obtain all pertinent medical records, including VA and private treatment records from the period of the Veteran's service and after. The cause of death will be further evaluated in light of the available evidence.

The Board found that the Veteran's current pulmonary symptoms are not related to his service-connected inactive minimal pulmonary tuberculosis, and thus denied a compensable rating for this condition.

The Board has remanded the case due to insufficient examination reports addressing whether the Veteran's preexisting respiratory/pulmonary disability was aggravated during service. The appeal is currently pending and will be addressed after obtaining an addendum from the examiner.

The Board has remanded the Veteran's claims for additional development due to incomplete records and a need to locate his separation examination report.

The Veteran has withdrawn his appeals, and all issues are dismissed.

The Board found that COPD was not shown in service or for several years thereafter, and there is no competent or credible evidence suggesting the disorder is linked to service, including herbicide exposure.

The Board has determined that the Veteran does not have a current hearing loss disability or COPD, and therefore service connection for these conditions is denied.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied claims for service connection for cirrhosis of the liver and COPD.

The Veteran does not have a respiratory disorder, including emphysema and COPD, that is related to his active service. The Board finds the evidence does not support a finding of service connection for these conditions.

The Veteran's service connection claims for COPD and scrub typhus have been denied as there is no showing of chronicity of symptoms since separation from service.

The Board found that the cause of the Veteran's death, intracranial hemorrhage, was not related to his military service or any of his service-connected disabilities. The Appellant argued that her husband’s service-connected cold weather residuals and shrapnel wound contributed to his fall at home which led to his death.

The VA determined that the Veteran's respiratory disorder, diagnosed as COPD, was not incurred in or aggravated by his active duty military service.

The Board has remanded the case due to deficiencies in the record, including an opinion by a vocational specialist and additional development of the medical evidence.

The Board has ordered additional development due to the loss of the Veteran's claims file and death certificate. The case is now remanded for further development including obtaining VA medical records, a VA insurance file, and a VA medical opinion.