COPD decisions — 2015

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's lung disorders are related to his service-connected spine disabilities.

The Veteran's claim for service connection for COPD, including as due to exposure to herbicides in Vietnam, is being remanded for additional development.

The Veteran's PTSD is currently rated at 50 percent, but no higher. The claims for COPD and emphysema as well as the back disability are denied due to lack of service connection.

The Veteran's death was attributed to COPD, which the appellant claims is related to asbestos exposure during his military service. The VA needs to provide an additional medical opinion regarding whether COPD could have been caused by or associated with asbestos exposure.

The Veteran's lung disorders, including COPD and asbestosis, are being remanded for additional development to determine their etiology.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and SSA disability benefits records. The appellant's claim of entitlement to service connection for the cause of the Veteran's death is pending.

The Veteran died in 2005, but the cause of death was not due to a disability incurred or aggravated prior to August 13, 1981. The Board found that the lung cancer and COPD did not have their onset before this date.

The Veteran's claim for a rating in excess of 30 percent for his service-connected pulmonary tuberculosis with residual chronic obstructive pulmonary disease and asthma has been denied. The appeal is not about service connection, but rather the evaluation of this condition.

The Board denied the Veteran's claims for service connection for psychiatric disability, low back disability, COPD, and diffuse idiopathic skeletal hyperostosis.

The Veteran's claims of entitlement to initial and increased ratings for COPD and colorectal cancer, as well as effective date determinations, are being remanded due to the need for additional development.

The Veteran's appeal for service connection for diabetes mellitus, type II has been dismissed. The Board is remanding the claim of entitlement to service connection for COPD due to exposure in Vietnam.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current respiratory disorder, including whether it is at least as likely as not related to service or post-service employment. The Veteran's in-service exposure to chemical fumes, smoke, dust, and asbestos without a face mask and ventilation while assigned to the USS Liberty is also noted.

The Veteran's appeal is denied as his COPD with sleep apnea did not meet the criteria for a rating in excess of 50 percent prior to December 11, 2013. Other claims are also denied.

The Board has determined that the Veteran's claimed pulmonary disorder, including COPD, is not related to his military service or a service-connected disability. The evidence does not support a finding of service connection for these conditions.

The Veteran's claim for an earlier effective date for dysthymic disorder was denied as the earliest date of claim subsequent to the May 1979 final rating decision denying entitlement to service connection for depressive neurosis is October 27, 1989.,The Veteran's claim for a higher initial rating for dysthymic disorder prior to October 27, 1989 was denied as there is no legal basis for an earlier effective date.

The Veteran's cause of death was due to myocardial infarction, with COPD as a contributing factor. The Board found no service connection for any disability at the time of his death.

The Veteran has withdrawn his appeal on the issues of reopening a claim for PTSD and entitlement to service connection for COPD. As such, the Board does not have jurisdiction to review these matters.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether PTSD aggravated or caused any of the Veteran's conditions listed on his death certificate.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection due to a lack of clear and unmistakable evidence regarding his pre-existing asthma condition. The case will be remanded for further examination.

The Veteran's claims for service connection for diabetes mellitus, chronic bronchitis and COPD were denied. The Board also found that the Veteran is not entitled to a TDIU based on his service-connected disabilities.