COPD decisions — 2014

The Board has remanded the case for additional development due to inadequate examinations and incomplete evidence regarding the Veteran's claimed conditions.

The Veteran's lung disability, diagnosed as COPD, is not service-connected and the Board finds it less likely than not related to his service or a service-connected condition. The Veteran's PTSD has been rated at 70% since January 4, 2007.

The Board has remanded the Veteran's claims for service connection due to a lack of sufficient rationale in the November 2011 VA opinion and because SSA records are needed.

The Veteran's claims for service connection were denied. The Board found no clear and unmistakable error in the January 1971 rating decision denying service connection for bilateral flat feet. Service connection was not established for COPD, hypertension, hyperhidrosis, or eye disorders.

The Board finds that the Veteran's death was not caused by any service-connected disability, and there is no evidence of radiation or asbestos exposure in service. As such, service connection for the cause of the Veteran's death is denied.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for a respiratory disorder, including COPD. The Veteran's current COPD is found to have its onset during service, and therefore service connection is granted.

The Veteran's service-connected Hodgkin's disease and its digestive and respiratory residuals have been granted a rating of 30% effective May 21, 2010. The condition is rated under Diagnostic Code 7203 for stricture of the esophagus.

The Veteran is granted special monthly pension based on the need for regular aid and attendance of another person due to his physical disabilities, including COPD, atonic bladder, and bladder stones.

The Veteran's appeal includes claims for service connection for various conditions, and the Board has determined that these claims are inextricably intertwined with other issues. The case is therefore REMANDED to schedule a videoconference hearing before the undersigned VLJ.

The Veteran's appeal for service connection for COPD has been dismissed due to his death during the pendency of the appeal.

The Board has determined that the Veteran's claims for service connection for bronchitis, COPD, and depressive disorder have been denied as there is no new and material evidence to reopen the claim for bronchitis. The Board also found that the Veteran's current diagnoses of COPD and depressive disorder are not related to his active military service.

The Veteran's COPD was granted an increased rating to 60 percent effective October 9, 2012. The previous rating of 10 percent prior to that date remains unchanged.

The Board has remanded the case for additional development to address issues of service connection for COPD and right hip replacement.

The Board found that the Veteran's metastatic hepatocellular carcinoma, hepatitis C and COPD were not present during service or due to any incident during service. The examiner opined that the Veteran's hepatitis C was less likely than not incurred in or caused by his military service. Therefore, the claim for service connection for the cause of death is denied.

The Veteran's lung disability was not incurred in or aggravated by service and may not be presumed to have been so incurred. The criteria for the assignment of a total disability rating based on individual unemployability due to service-connected disabilities have not been met.

The Veteran's death was not caused by any service-connected disability, and the Board finds that his cause of death (cardiopulmonary arrest due to acute MI due to CAD) is not related to his military service or a service-connected condition.

The Veteran's lung disability, including COPD and emphysema, is being remanded for further examination to determine if it is related to his service-connected back disorder or any other service-connected condition. The issue of service connection will be reconsidered after the examination.

The Board found that the Veteran's current respiratory disorder, including COPD, is not related to service and denied his claim for service connection.

The Board finds that the Veteran's COPD and emphysema are more likely due to his history of over 40 years of smoking, rather than his exposure to asbestos during service.

The Veteran's appeal has been dismissed due to his death. The claims for service connection, higher initial rating for PTSD, and TDIU are not before the Board as they have no jurisdiction.