COPD decisions — 2015

The Board found that the Veteran's current diagnosis of COPD is not related to his military service and thus denied his claim for service connection.

The Veteran's COPD, previously characterized as bronchitis, is rated at 10 percent prior to June 6, 2012 and increased to 30 percent thereafter. The sinusitis with allergic rhinitis is rated at 10 percent. The radiculopathy of the right lower extremity due to degenerative joint disease (DJD) of the lumbar spine is rated at 10 percent prior to June 6, 2012 and increased to 20 percent thereafter.

The Board found that the Veteran's cause of death (cardiopulmonary arrest, due to or as a consequence of acute respiratory failure, due to or as a consequence of COPD, due to or as a consequence of myocardial infarction) was not caused by any service-connected disability.

The Veteran's COPD has been evaluated as noncompensable throughout the appeal period, with his FEV-1/FVC ratio being at least 87% predicted and DLCO (SB) normal. The Board finds that this level of disability does not warrant a compensable rating.

The Board denied the Veteran's claims for service connection for COPD, an acquired psychiatric disorder (to include depression), and a prostate condition. The Board found that there was no evidence of these conditions during service or within one year post-service, and that they are not related to service.

The Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities from January 1, 2012, to September 10, 2013.

The Veteran's claim for service connection for a respiratory/pulmonary disorder, to include COPD and asthma, is being remanded due to the need for additional development including obtaining his service personnel file, arranging a new VA examination, and obtaining any additional private treatment records.

The Board has remanded the case for additional development and adjudicative action due to expired authorizations for medical records. The Veteran must provide names and addresses of any health care providers who have treated him for COPD, including as due to tear gas exposure.

The Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, warranting a TDIU.

The Board has remanded the case for additional development to address whether service-connected diabetes mellitus caused or contributed substantially or materially to the Veteran's death, and to clarify if any other conditions listed on his death certificate were related to service.

The Veteran's appeal for service connection for prostate cancer is dismissed. The Board also finds that the Veteran does not have a valid claim for service connection for chronic obstructive pulmonary disease.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the merits of the case.

The Board has remanded the case for a travel Board hearing to be conducted in Marion, Illinois. The Veteran's claims of service connection for diabetes mellitus and back disorder are pending. Additionally, his claims regarding bronchial asthma and chronic obstructive pulmonary disease as well as residuals of a head injury have been reopened.

The Board found that the Veteran does not have a current diagnosis of asbestosis and his diagnosed COPD is not related to his active duty service, including any asbestos exposure.

The Veteran's claim for service connection for COPD is being remanded due to incomplete medical records and insufficient medical opinions regarding the cause of his condition.

The Board found that the Veteran's COPD did not manifest during service and the weight of evidence is against a finding that it is causally or etiologically related to service.

The Veteran has withdrawn his appeal, effectively dismissing the case.

The Board granted a disability rating of 70 percent for PTSD effective March 15, 2004, based on the Veteran's symptoms and impairment from his psychiatric disorder.

The Veteran's cause of death was not related to service-connected conditions, and burial benefits were denied due to lack of evidence.

The Board has determined that the Veteran's COPD, asthma, and bronchitis are related to his in-service asbestos exposure. Service connection is granted for these conditions.