COPD decisions — 2016

The Veteran's appeal is being remanded for additional development to determine if he has a respiratory disability related to service, including asbestos exposure. The total disability evaluation based on individual unemployability due to service-connected disabilities is also inextricably intertwined with the claim for a respiratory disorder.

The Board denied service connection for headaches, a right eye disability, residuals of right pinna hematoma (claimed as a disability of the right ear), COPD, and ischemic heart disease. The effective date for hearing loss was set at January 24, 2011.

The Veteran's unauthorized medical expenses incurred at [redacted] from January 4, 2013, to January 9, 2013, were reimbursed as they met the criteria for payment under 38 U.S.C.A. § 1728.

The Veteran seeks service connection for COPD and a left lung or rib condition, as well as a TDIU rating. The case is being remanded to obtain additional medical records and to schedule the Veteran for an examination to determine the nature and etiology of any currently diagnosed rib or lung disorder.

The Board has determined that the Veteran's COPD is related to his service exposure to asbestos and lead paint, and thus grants service connection for COPD.

The Veteran's service connection claims for COPD and asbestosis were denied because there was no evidence of a nexus between the conditions and his military service.

The Board found that the Veteran's COPD was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has granted service connection for asbestos pleural disease and respiratory disorder (COPD and chronic bronchitis) due to in-service asbestos exposure.

The Board has determined that the Veteran's current hearing loss, dizziness (vertigo), lung condition, cold weather injury residuals, and arthritis of hands, knees, feet, ankles, and hips are not related to his active service. Service connection for these conditions is therefore denied.

The Board has determined that the Veteran's service-connected PTSD caused him to use tobacco products, which in turn contributed to his COPD and ultimately led to his death. The Board finds this relationship substantial enough to grant service connection for the cause of the Veteran's death.

The Board of Veterans' Appeals has denied the Veteran's claim for service connection for COPD, finding that the evidence does not support a link between his current condition and any aspect of active service.

The Board has granted service connection for lung cancer, chronic obstructive pulmonary disease (COPD), and an acquired psychiatric disorder as secondary to the Veteran's service-connected COPD/emphysema. The effective date is not specified in this decision.

The Board denied the Veteran's claims for service connection for COPD and an acquired psychiatric disorder, finding that there was no evidence of a disease or injury in service that caused his current disabilities. The claim under 38 U.S.C. § 1151 for additional disability resulting from VA treatment for COPD was also denied due to the lack of evidence showing carelessness, negligence, or similar instance of fault on VA's part.

The Veteran's service connection claim for COPD and acute bronchitis is denied as there is no evidence of a link between his active duty service and the conditions.

The Board found that the Veteran's respiratory disability other than sleep apnea (previously claimed as throat disability) to include COPD was not incurred in or aggravated by active service.

The Board found that the Veteran's terminal respiratory disorder(s) were not related to his active service, and thus denied service connection for the cause of death. The Appellant did not provide evidence linking the Veteran's respiratory condition to in-service exposure to chemicals.

The Veteran's claims for higher ratings and service connection are remanded due to the need for additional examinations.

The Veteran's claims for service connection were denied, and his claim to reopen asbestosis was not reopened. His psychiatric disability and COPD were found not related to service.

The Veteran's appeal is being remanded to clarify whether he wants a Board hearing conducted by video conference or in person at the RO in Detroit, Michigan. The claims will be returned to the Board after the requested hearing.

The Board denied service connection for asthma and COPD, finding that the Veteran's conditions were not incurred in or aggravated by service. The claim was based on direct service connection due to asbestos exposure.