COPD decisions — 2014

The Veteran's claim for nonservice-connected pension benefits was denied as he did not have qualifying military service during a period of war. The Board also found that the Veteran should be afforded VA examinations and opinions to determine whether his current respiratory disability, hearing loss, and other disabilities are related to service.

The Board has determined that it does not have jurisdiction to consider the matter of an earlier effective date for COPD service connection because the Veteran did not file a claim of clear and unmistakable error (CUE) in his lifetime, and no such claim can be entertained by the appellant.

The Veteran's claims for service connection for COPD and PTSD, as well as a compensable rating for bilateral hearing loss were denied. The Board found that there was no evidence to support the Veteran's claims.

The Veteran's cause of death was determined to be COPD, with asbestosis as a contributing factor. The Board found that the service-connected conditions did not contribute substantially or materially to his death.

The Board has determined that the Veteran's currently diagnosed COPD did not begin during or after his active service, and was not otherwise caused by his active service. Therefore, the appeal for service connection is denied.

The Veteran's claims for service connection for a chronic respiratory disorder, sleep apnea, and heart disease (to include ischemic heart disease) are denied as the evidence does not support a link between these conditions and his period of active military service.

The Veteran has withdrawn his appeals for the issues of service connection for radiculopathy of the right lower extremity, residuals of removal of metal from the right eye, COPD; and entitlement to a higher initial rating for degenerative joint disease of the thoracolumbar spine.

The Board has determined that the Veteran's COPD is not related to service, including asbestos exposure. The residuals of his minor (left) third (long) finger felon do not warrant a compensable rating.

The Veteran's service-connected chronic bronchitis with COPD requires the care and assistance of another person on a regular basis, meeting the criteria for special monthly compensation (SMC) based on aid and attendance.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and Social Security Administration disability records.

The Veteran's respiratory disability, specifically chronic bronchitis and moderate COPD, was evaluated at a 10% rating since October 10, 2013.

The Veteran has withdrawn his appeal for service connection of COPD, and the Board is dismissing the appeal.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge at the RO. The Veteran's claims for service connection and higher rating for PTSD are pending.

The Veteran's appeal is remanded due to the need for additional medical records and a new examination. The issues are whether his service-connected chronic vasomotor rhinitis with sinusitis caused or aggravated his respiratory disabilities, including bronchitis and COPD.

The Veteran's appeals for service connection for COPD, diabetes mellitus, arthritis, degenerative disc disease, and an ear disability are being remanded due to inadequate VA examinations and the need for additional development regarding herbicide exposure.

The Veteran's CAD was rated at 30 percent prior to November 29, 2012. It increased to 60 percent as of that date. The Veteran's PTSD remained at a 70 percent rating since December 28, 2011. Effective from December 12, 2012, the Veteran was granted TDIU and DEA benefits.

The Veteran was granted service connection for asbestosis but denied service connection for COPD. The Board found that the Veteran's inservice duties included exposure to asbestos, which is a known risk factor for asbestosis.

The Board denied the Veteran's claims of service connection for a chronic pulmonary disorder, sleep disorder, and disabling sinus condition due to direct service connection being established. The Veteran was exposed to asbestos during her naval service but her current diagnoses are not related to this exposure.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran suffers from asbestosis or COPD, and if so, whether it is related to service. The case will be returned for further development.

The Veteran's death was caused by cardio-respiratory arrest due to COPD, tobacco disorder, and coronary artery disease. The VA medical opinions concluded that none of the service-connected disabilities or any other condition contributed substantially or materially to his cause of death.