COPD decisions — 2015

The Board has determined that the Veteran's current lung disabilities, including his squamous cell carcinoma and COPD, are not related to his service. The medical evidence does not support a link between these conditions and any incident of service.

The Board has vacated its previous decision and denied the Veteran's claims of service connection for respiratory disability to include COPD and asthma, as well as his claim for a right hip disorder. The diagnoses prior to death included COPD and asthma, but no evidence was found linking these conditions to service or any service-connected disabilities.

The Veteran's pleural calcification has not been found to be compensably disabling at any time during the rating period on appeal.

The Veteran died in November 2010 and the Board finds that he did not have a pending claim for service connection at the time of his death, thus denying entitlement to VA burial benefits.

The Board has granted service connection for COPD/emphysema and found that the Veteran's hypertension is at least as likely as not related to his active service. The remaining issues of entitlement to service connection for tuberculosis, a bilateral knee disability, and erectile dysfunction are dismissed due to withdrawal by the Veteran.

The Board denied the appellant's claim for service connection for the cause of her father's death, finding that there was no evidence linking his death to his military service.

The Board has granted the Veteran's claim of service connection for COPD, finding that his use of tobacco was at least as likely as not aggravated by his service-connected PTSD.

The Board has determined that COPD was not incurred in or aggravated by active military service and denied the Veteran's claim for service connection. The issue of an initial compensable evaluation for plantar warts and calluses of the feet is addressed in a separate remand.

The Board denied the Veteran's claims for effective dates prior to January 31, 2011 for service connection for tinnitus and bilateral hearing loss. The Board also denied the Veteran's claim for service connection for a pulmonary disease (asbestosis and chronic obstructive pulmonary disease).

The Board has restored the Veteran's special monthly compensation (SMC) based on the need for regular aid and attendance (A&A), effective March 1, 2008. The RO found that the Veteran's service-connected diabetes-related bilateral peripheral neuropathy necessitated A&A for bathing, dressing, shopping, and chores.

The Board has determined that the Veteran's chronic obstructive pulmonary disease (COPD) was etiologically related to his in-service asbestos exposure, and therefore service connection for a respiratory disorder is granted. The issue of residuals of hairy cell leukemia remains on appeal as there are inconsistencies regarding the Veteran's reported asbestos exposure.

The Veteran's death was not caused by any service-connected disability, and the Board denied the appeal due to lack of required documentation.

The Veteran's appeal is being remanded to the RO for a hearing before a third Veterans Law Judge on the issues of service connection for bilateral hearing loss, skin disability (jungle rot), and respiratory disability (COPD).

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examiner's opinion on whether COPD was caused or aggravated by Agent Orange exposure or any service-connected disability.

The Veteran's lung disability, diagnosed as COPD, was not incurred in or aggravated by service. The Board found the evidence insufficient to establish that the disability had its onset during a period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Veteran withdrew his appeals for the issues of whether new and material evidence has been received to reopen claims of entitlement to service connection for PTSD, a lung disorder, hearing loss, tinnitus, a skin disorder, hypertension, calluses of the right foot, and calluses of the left foot.

The Board has determined that the Veteran's diagnosed lung disorders, including emphysema and COPD, are not related to his period of service or exposure to Agent Orange. The preponderance of evidence is against a finding of service connection.

The Veteran's appeal is being remanded due to procedural defects, including the need for an SOC on issues of service connection and a TDIU rating. Additional evidence is needed, including VA treatment records from September 2013 onwards, SSA disability determination records, and a VA psychiatric evaluation.

The Veteran's appeal is being remanded for the development of additional VA medical records to support his claim for higher disability ratings for COPD and asbestosis.

The Board has remanded the case for additional development and an addendum opinion to address the Veteran's claims of service connection for cervical spinal stenosis, kidney cancer residuals, and pulmonary disability. The issues are still pending.