COPD decisions — 2015

The Board has determined that the Veteran's current respiratory disabilities, including asthma and COPD, are related to his active service. The Veteran was exposed to cold weather during service which may have contributed to his respiratory issues.

The Board has remanded the case for further development, including obtaining medical records and providing a VA opinion on whether the Veteran's service-connected pulmonary tuberculosis contributed to his death. The accrued benefits claim is also pending.

The Veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for a respiratory disorder, to include COPD and pneumonia, are remanded due to outstanding audiograms and the need for VA examination. The examiner must determine if any diagnosed respiratory disorders are related to his active duty service, including as due to exposure to herbicide agents.

The Board denied the Veteran's claims for an earlier effective date for hemorrhoidectomy and for reopening his previously denied PTSD, heart attack, stroke, breathing treatments/COPD, and anal reconstruction claims. The Veteran did not appeal these decisions.

The Board denied the Veteran's claims for an initial evaluation in excess of 30 percent for his lung disability, service connection for sleep apnea and chronic fatigue syndrome (CFS), and TDIU.

The Board denied the Veteran's claim for service connection for a respiratory disability, including COPD, as due to exposure to herbicides. The evidence did not support a finding of direct service connection.

The Veteran's cause of death was respiratory failure due to chronic obstructive pulmonary disease, which is not service-connected. The Board denied the claim for service connection.

The Board found that the Veteran's pulmonary disability, including COPD and pulmonary fibrosis, is not causally or etiologically related to his military service. The examiner opined that the Veteran's condition is less likely than not related to Agent Orange exposure during service.

The Board found that the Veteran's respiratory disorders, including chronic obstructive pulmonary disease and sleep apnea, were not incurred in or aggravated by service. The claim for asthma was also remanded.

The Veteran's appeal is being remanded for additional development to secure medical records and arrange for examinations to determine the nature and likely etiology of his COPD, bilateral hearing loss, and left leg burns.

The Veteran's COPD is found to be at least as likely as not due to asbestos exposure during service, and the heart disability and acquired psychiatric disorder are found to be at least as likely as not aggravated by his service-connected COPD. Service connection for these conditions is granted.

The Veteran's COPD was not first manifested during his period of service and the preponderance of evidence is against a finding that it is related to any aspect of his service, including exposure to asbestos and other environmental hazards.

The Board denied the Veteran's claims for service connection for lower respiratory disorders, cervical spine disability, left shoulder disability, and left upper extremity radiculopathy. The Board also found that the Veteran is not unemployable due to his service-connected disabilities.

The Veteran's claim for service connection for COPD with emphysema, including as due to herbicide exposure during his Vietnam service, is being remanded for further development and an examination.

The Board denied service connection for COPD, CVA/TIA, cardiomyopathy, PAD, and diabetes mellitus due to exposure to contaminated water at Camp Lejeune.

The Veteran's respiratory disability, including bronchial asthma and COPD, is found to have been incurred in service.

The Veteran died from Chronic Obstructive Pulmonary Disease (COPD), which was not service-connected.,Service connection for the cause of death is denied as COPD, a non-service-connected condition, did not result from or contribute to the Veteran's death.

The Veteran's COPD, emphysema, bronchitis, and throat cancer were not incurred in or aggravated by service. The preponderance of the evidence weighs against a finding that these conditions are related to service exposure.

The Veteran's death was caused by severe COPD, which is presumed to be related to his service in Vietnam and exposure to herbicides. The underlying cause of the fatal condition appears to have been ischemic heart disease, also presumed to be due to service. As a result, the claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has remanded this matter due to additional development being necessary, including an examination of the Veteran's service-connected disabilities and their impact on his ability to work. The claim is now pending for further review.