COPD decisions — 2014

The Board has remanded the case for a VA Aid and Attendance/Housebound examination to determine if the Veteran's requirement for regular aid and attendance is related to his service-connected disability. The appeal will be further adjudicated after this examination.

The Veteran's lung condition, claimed as COPD with pulmonary fibrosis, was not incurred in or aggravated by his active duty military service and is not due to herbicide exposure in service. The Board finds that the preponderance of evidence is against the claim for service connection.

The Board has remanded the case for additional development, including obtaining a VA medical opinion to clarify the etiology of the Veteran's claimed respiratory disorders other than COPD (asthma and bronchitis).

The Veteran's left ear hearing loss is rated as noncompensable, and his claim for service connection of COPD has been denied. The Board finds that the evidence does not support a compensable rating for the Veteran's left ear hearing loss.

The Veteran's appeal is remanded for further development, including obtaining a VA examination and medical opinion to address the nature and likely etiology of his COPD. The case will be readjudicated based on all evidence obtained.

The Board found no evidence to support the Veteran's claims for service connection for kyphosis, degenerative disc disease, and other conditions of the spine, COPD, pancreatitis, right hip arthritis, obstructive sleep apnea, or joint pain. The appeals are denied.

The Board has found that the Veteran's current diagnoses of COPD and asthma are related to his service-connected asbestosis, which is presumed due to wartime exposure in Vietnam. As such, the claim for service connection for these respiratory disorders is granted.

The Board has found that the Veteran's interstitial lung disease, including pulmonary nodules and pleural plaque, is etiologically related to his in-service asbestos exposure. However, there is no evidence of a current COPD condition secondary to service-connected asbestos exposure.

The Veteran's claim for an increased evaluation for his asthmatic bronchitis, previously evaluated as chronic obstructive pulmonary disease, is being remanded due to the need for a new VA examination and additional information regarding employment.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private medical facility from November 19, 2009 to November 22, 2009, following emergency department care. The decision found that prior authorization was not obtained and that VA facilities were available but not feasibly available.

The Veteran withdrew his appeal regarding the claims of service connection for growths of the throat and chest, as well as COPD. The Board has dismissed these claims.

The Board found that the Veteran's claimed respiratory conditions, including asbestosis and chronic bronchitis, were not shown to be caused by or aggravated by his service-connected disability. The appeal for TDIU was also denied.

The Veteran's service-connected COPD and rheumatic fever made it impossible for him to secure or follow a substantially gainful occupation, warranting a TDIU for accrued benefits purposes.

The Board has determined that the Veteran's death was caused by his service-connected PTSD, which in turn led to COPD and coronary heart disease. Therefore, service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran's COPD was not present during service or manifested for many years thereafter, and is not shown to be otherwise related to service.

The Board has remanded the claims of service connection for tinnitus, degenerative disc disease of the cervical spine, hypertension, a respiratory disability including lung nodules, chronic obstructive pulmonary disease, and asthma, kidney cysts, and skin cancer due to incomplete records and procedural issues.

The Board found no evidence to support the Veteran's claims for service connection of an acquired psychiatric disorder including PTSD and a respiratory disorder including COPD. The Veteran did not have these conditions during or within one year after his service, and there is insufficient credible evidence linking them to his military service.

The Board has denied the reopening of a claim for service connection for the cause of the Veteran's death due to lack of new and material evidence. The additional evidence received does not relate to an unestablished fact necessary to substantiate the claim.

The Board has remanded the Veteran's claims for further development due to new evidence submitted since the May 2010 Statement of the Case.

The Board granted a 30 percent rating for residuals of inactive pulmonary tuberculosis from September 25, 2008 to January 19, 2012.