COPD decisions — 2018

The Veteran's bilateral hearing loss and tinnitus were granted service connection, but diabetes mellitus type II, ischemic heart disease (IHD), and chronic obstructive pulmonary disease (COPD) were denied.,Service connection for bilateral hearing loss was established due to in-service noise exposure. Service connection for tinnitus was also granted as it is related to the Veteran's current hearing loss.

The Veteran's pleural plaques due to asbestos exposure are rated at 100% effective April 10, 2015. The Board found that the Veteran required oxygen therapy for his service-connected lung disability in addition to his nonservice-connected COPD.

The Board has remanded several issues for further development and review, including service connection claims and an earlier effective date claim. The Veteran's appeal includes multiple service connection claims and one related to the effective date of additional compensation based on having a dependent spouse.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.

The Board denied the Veteran's claim of service connection for lung disease, finding that there is no current diagnosis and insufficient evidence to link any diagnosed condition to service or herbicide exposure.

The Board has remanded the claims for service connection due to insufficient opinions regarding whether the Veteran's disabilities were permanently aggravated by his service-connected right leg deep vein thrombosis and left leg deep vein thrombosis. Additional examinations are needed.

The Veteran's appeal of the issue of entitlement to service connection for hypertension has been dismissed. His claim for an initial compensable rating for bilateral hearing loss and a rating in excess of 30 percent from January 23, 2012 to June 10, 2013 for COPD have both been denied.

The Board has granted service connection for a respiratory disability, including asthma and COPD, finding that the conditions are related to active service.

The Veteran's cause of death was attributed to multiple conditions, including cancer and sepsis. The Board found that the Veteran served during a period of war and thus met one criterion for entitlement to VA death pension benefits. However, his income exceeded the maximum annual pension rate, preventing him from receiving this benefit.

The Board has remanded the case for additional medical opinions regarding whether the Veteran's preexisting asthma and COPD existed prior to service and were not aggravated by military service.

The Veteran's initial rating for headaches was denied as his condition did not meet the criteria for a higher disability rating. The lung condition issue is remanded due to inadequate examination.

Service connection for an acquired psychiatric disorder, to include PTSD, was denied as there is no diagnosed mental health disorder during the appeal period.,Service connection for a respiratory disorder, to include COPD and pulmonary emphysema, was denied due to lack of evidence linking the condition to service or herbicide exposure.,Service connection for oropharyngeal cancer was denied as there is no objective evidence of a primary respiratory cancer.

The Board has determined that the unauthorized medical expenses incurred during a hospitalization at Saint Joseph London (Kentucky) from September 27th, 2013 through September 30th, 2013 are eligible for payment or reimbursement under VA regulations.

The Veteran's asbestosis with COPD was rated at 10 percent prior to December 8, 2008. It increased to 30 percent from December 8, 2008 to May 11, 2009; 60 percent from May 11, 2009 to June 12, 2014; and 100 percent after June 12, 2014. The rating was subsequently reduced to 60 percent after May 5, 2016.

The Veteran's respiratory disorders, including COPD and obstructive sleep apnea, were not incurred in service. The Board found no evidence of herbicide exposure or other events that could have caused the conditions.

The Board has granted service connection for COPD and found that the Veteran's combined rating is at least 70%, meeting the criteria for a TDIU. The Veteran's service-connected disabilities, including COPD, anxiety disorder, sinusitis, left hip strain, bilateral hearing loss, lumbosacral strain, and hiatal hernia, are deemed to preclude his participation in substantially gainful employment.

The Board has determined that the Veteran's cause of death was not caused by or related to his military service, including any exposure to herbicides. The Board also found no service-connected disability at the time of his death.

The Veteran's claim for service connection for COPD (claimed as pulmonary emphysema) and major depressive disorder was reopened, and both conditions were granted. Service connection for a hip disorder related to the service-connected lumbar spine disability is also remanded.

The Board denied service connection for a pulmonary disorder, finding that the Veteran's current diagnoses of asthma, COPD, and chronic bronchitis were not related to his military service.

The Board has remanded the case due to an incomplete opinion regarding whether COPD is related to service. The Veteran's lay statements and reports of symptoms are considered, but further examination and opinion are needed.