COPD decisions — 2014

The Board has determined that the Veteran does not have a lung and/or respiratory condition that is the result of disease or injury incurred in or aggravated by active military service, nor can it be attributed to his period of military service. The Board also found no evidence that the current lung and/or respiratory conditions are proximately due to or the result of service-connected disability.

The Board finds that the Veteran's asbestosis, COPD, and asthma are not related to his military service. The evidence does not support a finding of in-service asbestos exposure or any other form of exposure that could be linked to these conditions.

The Board has remanded the case for additional development due to inadequate medical opinions and outstanding VA treatment records.

The Board found that the Veteran's lung disability, specifically atelectasis of the left lower lobe, was present prior to service and not aggravated by military service. The current diagnosis of COPD is not related to his military service.

The Board has remanded the case due to incomplete service records and a need for a VA opinion on whether the Veteran's hypertension contributed substantially or materially to his death.

The Veteran did not have any pending claims for accrued benefits at the time of his death, and therefore no accrued benefits were awarded to his surviving spouse.

The Board denied service connection for COPD and gastrointestinal disorder (claimed as a stomach tumor) due to lack of evidence linking these conditions to service, including exposure to asbestos. The claim for reopening the COPD claim was also denied.

The Veteran's combined disability rating is less than the required 70 percent for pension eligibility, and his disabilities do not render him unemployable.

The Board has remanded the case for further development, including issuance of a statement of the case addressing whether new and material evidence was submitted to reopen the claim for service connection for COPD and entitlement to service connection for pleural plaques.

From September 28, 2004 to November 18, 2013, the Veteran's asthma with pleural plaquing and COPD was rated at 10 percent.,Beginning November 19, 2013, the Veteran's asthma with pleural plaquing and COPD warrants a rating of 30 percent.

The Board has remanded the case for additional development due to inadequate medical opinions regarding service connection for a lung disability, including chronic bronchitis and COPD.

The Board has remanded the case for further development, including a VA examination to address whether the Veteran's respiratory disorder is related to asbestos exposure in service.

The Veteran's bilateral hearing loss and tinnitus are found to be related to his active service, specifically noise exposure during training. The Veteran's current COPD is presumed due to asbestos exposure in service.,The Veteran's diabetes mellitus is not linked to herbicide exposure in service.

The Board denied the Veteran's claims for service connection for colon polyps and COPD, finding no evidence of onset during service or a causal link to service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his glaucoma and COPD.

The Board finds that the Veteran's service-connected PTSD, fractures of the left tibia and knee, osteomyelitis, low back strain, right hip tendonitis, right sacroiliac region, and tonsillitis did not cause or materially contribute to his death. The Appellant contends that his depression due to combat duties, which is analogous to his service-connected PTSD, contributed to his death. However, the Board finds no clear indication of how this depression contributed to his death.

The Board has ordered a new VA examination for the Veteran's asthma and COPD, as well as an evaluation of his service-connected asbestosis. The case is remanded to allow for this additional development.

The Board denied reopening of the Veteran's claim for service connection for COPD, finding that new and material evidence had not been received to support the claim.

The Board is requesting additional information and further development to determine the cause of death, including reviewing the autopsy report. The claim for service connection for the cause of the Veteran's death will be adjudicated after this process.

The Board found no evidence to support the Veteran's claims of service connection for her pulmonary disorder, chronic sinus disorder, and bilateral shoulder disorder. The conditions are not shown to have been incurred or aggravated by active duty service.