COPD decisions — 2014

The Veteran's appeal is being remanded for additional evidentiary development, including obtaining medical records from his active duty service and any relevant VA or private treatment records. The case will be readjudicated after the development.

The Veteran's claim for payment of unauthorized medical care provided at Medina General Hospital on October 13, 2009 is being remanded due to the need for further development and review.

The Board has remanded the claims for further development, including obtaining additional VA treatment records, arranging for new examinations, and considering whether staged ratings are appropriate.

The Board denied the Veteran's claims for service connection for a respiratory disorder and an increased rating for residuals of head injury. The reduction in the rating for residuals of head injury was found to be improper.

The Veteran's death was not caused by any service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Board found that the Veteran's current respiratory disorders did not manifest during or as a result of military service, including exposure to cold or asbestos. The preponderance of evidence does not support a finding that his COPD and other lung conditions are related to military service.

The Board has determined that the submitted evidence does not provide a reasonable possibility of substantiating any of the Veteran's claims for service connection related to Agent Orange exposure. As such, the original decisions denying these claims remain final.

The Veteran's cause of death, cardiorespiratory arrest due to pulmonary disease, is not etiologically related to service.

The Board has determined that the Appellant does not meet the criteria for special monthly death pension based on the need for regular aid and attendance or being housebound due to her disabilities.

The Board found that the Veteran's current lung disability, diagnosed as COPD, is not due to disease or injury incurred in service. The claim for service connection for asbestosis was also denied.

The Board granted service connection for acquired psychiatric disorder, peripheral neuropathy of the left leg, skin disorder (X-linked ichthyosis), and respiratory disorder (bronchitis and COPD). Service connection was denied for gastrointestinal disorder, sinusitis, defective hearing in the right ear, and perforated left ear drum.

The Board has determined that further development is needed in connection with the Veteran's claims for service connection for COPD, diabetes, and a back disorder. The case is REMANDED to obtain relevant medical records and schedule the Veteran for VA examinations to determine the nature and likely etiology of his claimed conditions.

The Veteran seeks service connection for COPD, including complaints of pneumonia and bronchitis. The case is REMANDED as the July 2009 VA examination report did not provide an opinion on the etiology of his COPD.

The Board has remanded the case due to missing VA treatment records and Social Security Administration records, as well as the need for a medical opinion regarding the cause of death.

The Veteran's claim for nonservice-connected disability pension benefits is denied because he did not serve during a period of war, and therefore does not meet the legal criteria for entitlement to such benefits.

The Board has determined that the Veteran's cause of death was at least as likely as not related to service, specifically exposure to asbestos during military service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's appeal was dismissed because he died during the pendency of his appeal.

The Board denied the Veteran's claims for service connection for diabetes mellitus, COPD, connective tissue disease with high fevers, and a skin disorder with scars, all of which were deemed not related to his military service or exposure to herbicides.

The Board has determined that a VA opinion is necessary to address the Veteran's death and whether his service-connected disabilities were the cause or contributed substantially to it.

The Board has ordered remand for further development regarding the Veteran's claims of service connection for COPD and an initial rating for residuals of lung cancer with lobectomy, history of bronchopleural fistula and pneumothorax. The case will be returned to the AOJ for readjudication.