COPD decisions — 2014

The Board has ordered additional development to obtain the complete terminal hospital records from Summit Medical Center and seek an addendum opinion regarding the cause of death. The case will be remanded for these actions.

The Veteran's respiratory disability, claimed as bronchitis and COPD, was not present during service or for many years thereafter, and is not considered to be related to his military service.

The Board has reopened the service connection claim for a pulmonary disorder, including asthma and COPD. A VA examination is needed to determine if these conditions are related to in-service respiratory problems.

The Veteran's diabetes mellitus, type II, is presumed to be related to his in-service herbicide exposure. The Board has granted service connection for this condition.

The Veteran died from head and neck cancer with COPD listed as a significant condition contributing to death. The Veteran was not receiving VA service-connected compensation or nonservice-connected pension benefits at the time of his death, nor did he have an original or reopened claim for either benefit pending. Therefore, burial benefits cannot be paid.

The Board denied service connection for COPD, Congestive Heart Failure, Hypertension, and Loss of Balance as the evidence did not show an in-service event, injury or disease to these conditions.,Service connection was also not granted for bilateral hearing loss due to a lack of competent medical evidence linking the condition to service.

The Board finds that the Veteran's service-connected rhabdomyolysis did not cause or contribute substantially to his death. The low-grade lymphoma and COPD, which were listed as causes of death on the certificate, are not related to service.

The Board has remanded the case to obtain an opinion regarding the relationship between the Veteran's service and his current COPD and asthma, specifically addressing exposure to asbestos during service.

The Veteran is granted an initial 100 percent disability rating for COPD, effective from December 26, 2002.

The Board has determined that the Veteran's claimed disabilities, including low back and bilateral hip conditions, were not incurred or aggravated during his active military service. The evidence does not establish a nexus between these conditions and any in-service injury or event.

The Board found that the Veteran did not have actual exposure to herbicides in service, and thus denied his claims for service connection for the cause of death due to arteriosclerotic heart disease and coronary artery disease, as well as chronic obstructive pulmonary disease, congestive heart failure, and hyperthyroidism.

The Veteran's appeals have been dismissed as he has requested to withdraw his appeal.

The Veteran's death is due to lung cancer and COPD, which the Board finds may be related to his in-service asbestos exposure. The appeal is REMANDED for further development including obtaining post-1967 medical records and a VA opinion on the relationship between service connection and the cause of death.

The Veteran's appeal for an increased evaluation of PTSD was withdrawn prior to the Board decision. The claim for service connection for COPD, as secondary to herbicide exposure during active duty service, is denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from January 19, 2011, through January 21, 2011, at Flagler Hospital in St. Augustine, Florida is denied due to the presence of a health-plan contract that extinguishes part of his liability.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, as there is no competent evidence showing a link between his in-service experiences and any of the conditions he claims. The preponderance of the evidence is against all of the issues on appeal.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of her exposure history.

The Veteran's unauthorized medical expenses for an acute exacerbation of COPD were reimbursed as the treatment was deemed necessary and timely, given his home proximity to a private facility.

The Board found that the Veteran's current COPD and hypertension were not incurred during active service or within one year of discharge, and thus denied his claims for service connection.

The Board found that the appellant's COPD is not etiologically related to service, including exposure to asbestos. The claim for service connection was denied.