COPD decisions — 2015

The Veteran's cause of death was attributed to his COPD and respiratory failure, which were not service-connected. The Board found no evidence linking the Veteran's cause of death to in-service exposures or conditions.

The Veteran died from nonservice-connected causes and was buried in a national cemetery. The appellant seeks burial benefits, but the claim is denied as the Veteran did not meet eligibility criteria for non-service-connected burial benefits or plot/interment allowance.

The Veteran's unauthorized medical expenses incurred at Northern Idaho Advanced Care Hospital from May 12, 2012 to May 18, 2012 are denied as the treatment did not constitute a medical emergency and was not necessary due to his stable condition.

The Board has decided to remand the case for further development, including obtaining VA medical records and a VA medical opinion regarding the etiology of the Veteran's lung disorder.

The Veteran's claimed respiratory disorder, collapsed lung, and neuropathy of the upper and lower extremities were not incurred in or aggravated by service. The Board finds no evidence to support a direct service connection claim for these conditions.

The Veteran's COPD is found to be related to asbestos exposure during his military service, and the claim for service connection is granted.

The Veteran's claims for service connection for fibrous pleuritis, left lung and asbestosis were denied in previous Board decisions. The claim for COPD was not addressed due to the complexity of the issue. The Board found no new and material evidence to reopen any of these claims.

The Veteran's lung disorders, including COPD and recurrent pneumothorax, are being remanded for further development to determine their etiology and relationship to service.

The Veteran seeks service connection for COPD, claiming it was caused by asbestos exposure during his naval service. The Board finds that the required development has not been completed and remands the case to obtain additional evidence of asbestos exposure before, during, or after service.

The Veteran's hypertension is rated as non-compensable. The Board finds that the preponderance of the evidence does not support service connection for COPD, obstructive sleep apnea, vertigo, or a heart disability.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence of ischemic heart disease during his lifetime and thus no basis to apply the presumption of herbicide exposure. The congestive heart failure was found not related to service.

The Board has denied the Veteran's claims for service connection for PTSD, a skin disability, and a respiratory disability due to Agent Orange exposure. The decision is based on insufficient evidence linking these conditions to service.

The Veteran's appeal of the issue of entitlement to an initial disability rating in excess of 50 percent for PTSD has been dismissed as he wishes to withdraw his appeal.

The Board has granted service connection for tinnitus and COPD, finding that the Veteran's current conditions are likely due to his exposure to acoustic trauma during service and in-service exposure to explosive fumes and dust, respectively.

The Veteran's appeal is being remanded due to the need for a VA examination of his service-connected COPD with bronchitis and bronchiectasis, as well as obtaining any outstanding medical records.

The Veteran's seborrheic dermatitis has been rated at 10 percent since November 27, 2008. The Board finds that a higher rating is not warranted as the condition affects greater than five percent but less than 20 percent of exposed areas and no systemic therapy was indicated.,The Veteran's hiatal hernia with esophageal reflux and epigastric pain has been rated at 30 percent since November 27, 2008. The Board finds that a higher rating is not warranted as the condition manifests persistently recurrent epigastric distress with dysphagia, heartburn, arm pain, nausea, vomiting and digestive pain.,The Veteran's bronchitis is considered part of his already service-connected COPD and thus cannot be rated separately. The Board finds that a higher rating is not warranted as the condition does not meet the criteria for a separate disability.,There is no evidence of chronic pneumonia at any point during the pendency of this appeal. The Board finds that a higher rating is not warranted as there is no indication of such an issue.,Hyperlipidemia was not considered a service-connected disability and thus cannot be rated. The Board finds that a higher rating is not warranted as hyperlipidemia is merely a laboratory finding.,The Veteran's hypertension has been rated at 10 percent since November 27, 2008. The Board finds that a higher rating is not warranted as there is no evidence of such an issue attributable to service or service-connected disease.,The Veteran does not have a gastrointestinal disability other than hiatal hernia with esophageal reflux and epigastric pain attributable to service. The Board finds that a higher rating is not warranted as the condition has been rated at 30 percent since November 27, 2008.,Allergic broncho-pulmonary aspergillosis was not considered a service-connected disability and thus cannot be rated. The Board finds that a higher rating is not warranted as there is no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying entitlement to service connection for plantar warts did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying entitlement to service connection for varicose veins did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying a rating in excess of 10 percent for asthma did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.

The Board found that the Veteran's cause of death was not related to his service, and denied the claim for dependency and indemnity compensation benefits (DIC) based upon service connection for the cause of the Veteran's death.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, hepatitis C, and a lung condition due to lack of evidence establishing a nexus between these conditions and his military service.

The Board denied the Veteran's claim for service connection for a pulmonary disorder, including COPD and pulmonary fibrosis, as it determined that there was no evidence linking these conditions to his active duty service.

The Board denied the Veteran's claims for service connection and higher ratings for his bilateral knee disorder, COPD, tinea pedis, sinusitis, and PTSD. The appeals were not about service connection at all.