COPD decisions — 2016

The VA determined that the Veteran's current respiratory conditions are not related to his military service, including exposure to asbestos. The Board found no evidence of a chronic respiratory condition during or immediately after service and concluded that any present conditions are more likely due to tobacco smoking.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for asthma, which was previously denied in March 1975. The Veteran's current respiratory condition is presumed to have begun during service.

The Veteran's COPD with chronic bronchitis was granted a 10 percent rating effective September 23, 2015. The initial compensable rating for prior to that date remains unchanged.

The Veteran's appeal is being remanded due to incomplete claims file, outstanding private treatment records, and the need for VA examinations.

The Board has granted service connection for residuals of prostate cancer, a respiratory condition (to include asthma), and COPD to include as due to arsenic exposure. The Veteran's claims are denied for an acquired psychiatric disorder.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the relationship between his respiratory disorders and asbestos exposure during service.

The Veteran's service-connected CAD has resulted in exercise tolerance limited to approximately 3 METs, resulting in angina since at least December 2, 2015. A 60 percent rating is granted for CAD.

The Board has granted service connection for a psychiatric disability. The claims of service connection for bilateral hearing loss, tinnitus, and COPD are denied as the preponderance of evidence is against these claims.

The Board has denied the Veteran's claims for service connection for Type II diabetes mellitus, strep throat, right knee cyst, left inguinal hernia, chronic right foot disorder (gout or bunion), and chronic left foot disorder (gout or bunion) as well as respiratory disorders. The Board found that these conditions were not incurred in or aggravated by service.

The Veteran's appeal is remanded for additional development regarding his claims of service connection for a respiratory disorder, to include COPD, and for a compensable rating for postoperative bilateral inguinal hernia. The AOJ must gather information about the extent of asbestos exposure in service and other risk factors for COPD, secure updated VA treatment records, and arrange for a pulmonary examination.

The Board has determined that the Veteran's current COPD is not related to his service, specifically due to acetone exposure during service. The evidence does not establish a direct link between service and the development of COPD.

The Board has determined that the Veteran's residuals of a back injury, fibromyalgia, COPD, and right knee disability are not related to active duty service.

The Board denied service connection for a respiratory disorder, claimed as emphysema and diagnosed as COPD and asthma. The Veteran's separation physical examination did not document any complaints or observed symptoms related to these disorders.,The Board also denied service connection for right lung pain (claimed as right subcostal pain, costochondral). There is no evidence of such a condition in service or within one year after service.,Service connection was denied for halitosis. The Veteran's first indication of this disorder was not until 2003.

The Board finds that the Veteran's COPD is not related to his military service and denies service connection for this condition.

The Board has determined that recovery of the overpayment of pension benefits in the amount of $12,727 would be against the principles of equity and good conscience due to VA's fault in not promptly adjusting the Veteran's pension benefits after he notified them of his additional income from Social Security Administration (SSA) benefits.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and developing his asbestos exposure claim.

The Veteran's service-connected sleep apnea is rated at 50 percent, encompassing his previously service-connected chronic bronchitis, asthma, COPD, and allergic bronchospasms. Separate ratings for these conditions are not warranted as they are rated under a single 50 percent disability rating.

The Board has granted service connection for congestive heart failure as secondary to the Veteran's service-connected diabetes mellitus, coronary artery disease, and chronic obstructive pulmonary disease (COPD).

The Board has remanded the case due to the need for additional development, including obtaining updated private treatment records and an opinion regarding whether the Veteran's COPD is related to service exposure. The heart condition claim will also be considered as secondary to COPD.

The Board found no evidence of a chronic respiratory disability in service or for many years thereafter, and there is no competent evidence suggesting the current condition is related to service. Therefore, the Veteran's claims for asthma and COPD were denied.