COPD decisions — 2016

The Board denied the Veteran's claims for an earlier effective date for COPD and a compensable rating for pulmonary tuberculosis, but granted service connection for COPD with a 100% disability rating effective February 14, 2008. The other issues were not addressed due to remand.

The Board found that the Veteran's cause of death (cardiorespiratory arrest, metabolic acidosis, and acute myocardial infarction) was not etiologically related to his active service. The causes were considered contributory rather than principal.

The Board denied service connection for COPD and Hepatitis C, finding that the Veteran's current conditions do not meet the criteria for service connection due to lack of evidence linking these conditions to his active duty service.,For COPD, the Board determined there was no in-service diagnosis or exposure to asbestos. For Hepatitis C, the most common risk factor identified was post-service injection drug use.

The Board has determined that the Veteran's claimed right and left knee disorders, as well as his pulmonary disorder (including COPD) and obstructive sleep apnea, were not incurred or aggravated by service or a service-connected disability.

The Board has remanded the Veteran's claims for service connection due to incomplete development and inadequate medical opinions. The case will be returned to the RO for further action.

The Board found that the Veteran's cause of death, pulmonary embolism and respiratory arrest, was not caused or materially contributed to by a service-connected disability. The appellant argued that the Veteran's PTSD caused his immobility which led to the development of COPD and ultimately resulted in his death.

The Board found that the Veteran's COPD (including emphysema) is not related to service and denied service connection. The Board also found that the Veteran's nephrolithiasis (kidney stones) did not begin during service or be causally related to service, thus denying service connection for this condition as well.

The Veteran's low back disorder and lung disorder (including asthma and COPD) have been granted service connection, with the effective date being January 4, 2011 for the cervical spine strain and January 24, 2011 for the left upper extremity radiculopathy. The rating assigned is 20 percent for the cervical spine disorder.

The Veteran's COPD is currently rated at 60 percent, the highest schedular rating available.

The Board is remanding the case for further development, including an aid and attendance examination to determine if the Veteran's service-connected disabilities individually qualify him for SMC at a higher rate.

The Board found that the Veteran's current respiratory disability is not related to his service, and denied his claim for service connection. The right eye disability was also considered but an adequate opinion regarding its relationship to a service-connected condition could not be provided by the July 2014 VA examiner.

The Veteran's claim for service connection for a lung disorder, to include COPD, is being remanded due to the need to obtain additional medical records and provide an addendum to determine the current nature and etiology of any newly diagnosed respiratory disorders.

The Board finds that the Veteran's current diagnosis of COPD is not related to his military service, as it is more likely due to his smoking history and genetic predisposition. As such, service connection for COPD cannot be granted.

The Board has determined that the Veteran's current respiratory disabilities, including allergic rhinitis, bronchitis, and COPD, are not related to his service or in-service pneumonia. The preponderance of evidence supports a finding that these conditions are due to smoking rather than service.

The Board has remanded the case due to incomplete records and for further development, including a psychiatric opinion regarding service connection.

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

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's respiratory conditions, including whether they are related to service or other factors.

The Board denied the appellant's claims for accrued benefits, nonservice-connected death pension benefits, and service connection for cause of death due to lack of qualifying service.

The Board found that the Veteran does not have a current diagnosis of COPD and denied his claim for service connection.

The Veteran's appeal is being remanded due to a scheduling issue for his requested videoconference hearing. The issues of service connection for bilateral hearing loss, COPD, and asbestos plaques remain pending.