COPD decisions — 2017

The appeal is being remanded to obtain new VA examinations and determine the full extent of the Veteran's disabilities.

The Board denied the Veteran's claims for service connection for various conditions, including a back disorder, bilateral upper extremity orthopedic disorders, hypertension, diabetes mellitus, lung disorders (including chronic obstructive pulmonary disorder and emphysema), and posttraumatic stress disorder. The decision found that these conditions were not incurred or related to active duty service.

The Board found that the Veteran's adenocarcinoma and respiratory disorder did not have a direct link to service, including asbestos exposure. The preexisting conditions were determined to be unrelated to service.

The Veteran is seeking service connection for various conditions including COPD, hypertension, sickle cell anemia, and a psychiatric disorder. The appeal includes issues related to these conditions.,The Veteran seeks service connection for hypertension. She contends that her condition began during active duty due to stress from basic training.,The Veteran claims service connection for sickle cell anemia. She asserts that the condition was present at birth but worsened by military service, particularly smoking and marching with a thumb extended during basic training.,The Veteran seeks service connection for an acquired psychiatric disorder, including depression, dyslexia (claimed as inaptitude), and schizoid disorder. She contends these conditions are related to her sickle cell trait and stress from active duty.,The Veteran claims service connection for residuals of stroke, which she attributes to her sickle cell trait and hypertension.,She seeks service connection for a left knee disability, alleging injury during basic training while using a floor buffer. She also contends that marching with a thumb extended caused damage to her right thumb.,She requests service connection for a lumbar spine disability, attributing it to injuries sustained in service while using a floor cleaner and marching with a thumb extended.,The Veteran seeks service connection for a right thumb condition, alleging injury during basic training.

The Board has granted service connection for carcinoma of the pharynx, neck, and hypopharynx due to exposure to herbicide agents (Agent Orange) during service. COPD was not found to be related to service or any other condition.

The Board denied entitlement to service connection for the cause of the Veteran's death, finding that there was no evidence of service in Vietnam and thus no presumptive exposure to Agent Orange or other herbicides. The Veteran's throat cancer is not considered a service-connected disability.

The Board has determined that the reduction of the evaluation for COPD from 60 percent to 0 percent, effective December 1, 2015 was improper and is void ab initio.

The Veteran's coronary condition was rated at 60 percent disabling prior to July 28, 2006 and from October 28, 2006. The Board found that the Veteran's COPD, sleep disorder (OSA), and tension headaches were not classified as medically unexplained chronic multisymptom illnesses.

The Veteran's PTSD is currently rated at 50 percent, effective March 31, 2011. Service connection for COPD due to Agent Orange exposure has been denied.

The Veteran's service-connected right ankle disability is currently rated at 10 percent, and the issues of increased evaluations for his bilateral plantar fasciitis are also denied.,Service connection for coronary artery disease and testicular cancer was not granted as they were not incurred in or aggravated by service.

The Board found that the Veteran's respiratory disorder, diagnosed as COPD, was not incurred during service and is not related to any in-service exposures. The claim for service connection is denied.

The Veteran's claims for higher ratings for gout of the right ankle and COPD have been denied. The VA has determined that the evidence does not support a rating in excess of 20 percent for gout or a rating in excess of 10 percent for COPD.

The Board has remanded the Veteran's claims for further development and adjudication due to non-compliance with prior remand directives.

The Board found no current diagnosis of COPD and concluded that the Veteran did not have a respiratory disorder, to include COPD. Service connection for hypertension was also denied as there is no evidence showing it originated in service.

The Board has found that the Veteran's current heart and lung disabilities are not related to service, including his alleged in-service asbestos exposure. The preponderance of evidence is against the claim for service connection.

The Veteran's current pulmonary disorders are not shown to be related to his service or asbestos exposure, and the VA examiner did not find evidence of asbestosis. The Veteran's COPD is considered a direct result of his service-connected sinusitis and rhinitis.

The Veteran's current respiratory disorder, including chronic obstructive pulmonary disease, is not considered to be related to his military service or asbestos exposure. The Board finds that the preponderance of evidence does not support a finding of service connection.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's COPD and because SSA disability records need to be obtained. The Veteran will undergo a VA examination to determine if his COPD is related to service, including exposure to toxic fumes.

The Board has ordered a VA examination to determine the nature and etiology of the Veteran's claimed COPD. The case is now REMANDED for further development.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the combined effects of his service-connected disabilities on his employability.