COPD decisions — 2018

The Veteran's claim for a wrist disability was denied as he does not have a chronic wrist disability.,The Veteran's claim for COPD was denied as the evidence did not establish a link between his in-service exposure and his current condition.

The Board has decided to remand the case due to uncertainty regarding whether the Veteran's service-connected pleural plaques aggravate his emphysema, which is a key factor in determining if he can establish service connection for COPD and emphysema.

The Board has granted service connection for asthma and COPD as aggravated by service-connected disabilities, and gastrointestinal disorders including GERD, hiatal hernia, and H. pylori gastritis are also granted as aggravated by service-connected conditions. Service connection for diabetes is reopened but not yet decided.

The Board denied service connection for COPD, atherosclerosis, and prostate cancer due to Agent Orange exposure as the Veteran was not exposed to herbicide agents while stationed in Fort Gordon, Georgia or Fort Clayton, Panama.

The Veteran's high cholesterol is not service-connected and thus no rating is assigned.,Service connection for undiagnosed multi-symptom illness (Gulf War Syndrome) has been granted with a 40% disability rating, which is the maximum allowed under current criteria.,Bilateral hearing loss is rated at 30%, which is the maximum allowed under current criteria. Tinnitus is rated at 10%. Valvular heart disease is rated at 70% (subject to regulations governing payment of monetary awards).,PTSD has been granted with a 70% disability rating, and COPD was not service-connected after April 23, 2013.,The Veteran's undiagnosed multi-symptom illness is rated based on the criteria for fibromyalgia. The Veteran does have separate ratings for his gastrointestinal symptoms (GERD) and skin condition (dermatitis or eczema).,COPD was not service-connected after April 23, 2013.

The Board denied service connection for COPD as the preponderance of evidence did not support a finding that it was incurred in or aggravated by service.,The Veteran's ventral hernia associated with sternal abdominal scar is rated at 10 percent, which is considered noncompensable. The Board found no basis to increase this rating.

The Board has denied service connection for asbestosis, and the case is remanded for further action on service connection claims for emphysema and COPD.

The Board has denied service connection for COPD with asbestos, asbestosis associated with asbestos, and heart condition. The case is remanded for further examination and opinion regarding the heart condition.

The Board has denied the Veteran's claims for service connection for a left shoulder disability, claimed as secondary to a left knee disability; a cervical spine disability; and an asthma/COPD disability. The Board found that there was no evidence showing cause or aggravation in service but rather that the evidence showed post-service injuries.,The Board also denied the Veteran's claim for service connection for a left knee disability, finding that there was no current disability.

The Veteran is granted a total disability evaluation based on individual unemployability due to service-connected major depressive disorder and headaches. He is also granted special monthly compensation for need of aid and attendance of another person, but not housebound status.

The Veteran's claim for service connection for bilateral hearing loss, chronic obstructive pulmonary disease, and hyperlipidemia is granted. The claim for earlier effective date for ischemic heart disease is remanded.

The Veteran's service-connected COPD and tinnitus do not meet the schedular requirements for a TDIU rating, as their combined rating is only 40%. The case was referred to the VA Compensation Service Director for consideration of an extraschedular TDIU rating, but this was denied.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's COPD and his in-service tuberculosis exposure. The Veteran needs a VA examination to determine if his COPD is related to his tuberculosis.

The claim to reopen the issue of service connection for lung disease, to include asthma and COPD, is denied. The Board also remanded the issue of service connection for an acquired psychiatric disability, to include PTSD, major depressive disorder, and panic disorder.

The Board has granted service connection for COPD and hypertension as secondary to PTSD. The claims for residuals of a back injury, kidney condition, nerve condition, and hearing loss are remanded.

The Board denied service connection for COPD and an ulcer condition as secondary to the Veteran's service-connected GERD, finding that there was no evidence of a current disability or a link between the conditions.

The Board has remanded the claim for service connection for sleep apnea, as secondary to COPD and due to in-service rhinoplasty surgery. The Veteran's condition was not evaluated by VA, and a new examination is needed.

The Board has dismissed the appeals for service connection for fibromyalgia, chronic fatigue syndrome, irritable colon syndrome, essential tremors (claimed as tremors and whole-body shakes), a disability manifested by insomnia, headaches, weakness of the peripheral nerves, COPD, and GERD. Service connection was denied for all these conditions.

The Board denied service connection for COPD, cervical dysplasia, hepatitis C, and depressive disorder.,Service connection was not granted as the evidence did not support a link between these conditions and military service.

The Board has denied service connection for COPD and diabetes mellitus, type II on secondary basis due to the Veteran's tobacco use during service. The claims are remanded for further development.