COPD decisions — 2018

The Veteran's COPD is not etiologically related to his active duty service. The Board found that the September 1968 bronchitis was an acute infection and did not contribute to the development of COPD.

The Veteran's adenocarcinoma of the right lung is found to be related to asbestos exposure during service.,Service connection for COPD and emphysema are not granted as these conditions were first manifested many years after service and are not causally or etiologically related to service, including in-service asbestos exposure.

The Veteran's death was not related to service or a service-connected disability, and the evidence does not support service connection for his cause of death.

The Board has denied the Veteran's claims for service connection for a lung disorder, to include COPD and bilateral hearing loss. The issue of whether new and material evidence has been presented to reopen a claim for hypertension is inextricably intertwined with the psychiatric disorder claim.

The Veteran's right ear hearing loss is found to be related to his in-service noise exposure.,Service connection for a back disability, including IVDS and bilateral lower extremity radiculopathy, is granted. The Veteran's peripheral vascular disease in the left leg is also service-connected.

The Board has determined that the Veteran's respiratory disability, including COPD, was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied service connection for COPD, finding that the Veteran's current diagnosis is not related to his military service or asbestos exposure.

The Board has granted service connection for tinnitus and denied service connection for COPD. The Veteran's psychiatric disorder is found to be related to his military service.

The Board found that the Veteran's death was not caused by or materially contributed to by his service-connected disabilities, and denied both the claim for service connection for the cause of the Veteran's death and the claim for death pension benefits due to insufficient income.

The Board finds that the evidence does not support a finding of service connection for COPD, to include as due to exposure to asbestos. The preponderance of the evidence is against this claim.

The Veteran's coronary artery disease with reactive airway disease and COPD with mixed emphysematous and chronic bronchitis pattern are rated at their maximum levels, resulting in a grant of special monthly compensation (SMC) based on housebound status. Service connection for the cause of death is denied due to lack of evidence showing service-connected disability contributed to death.

The Board has remanded the case due to the need for additional VA medical records and lay statements.

The Veteran's appeal is being remanded to the AOJ for consideration of additional evidence submitted since the last decision.

The Veteran's claim for service connection for COPD was denied as there is no evidence of an in-service disease or injury. The Board found that the Veteran meets the percentage rating standards for TDIU due to his combined disability ratings and single disability ratings, which are at least 70 percent. The Veteran's claim for SMC based on need for regular A&A or by reason of being housebound was denied as there is no evidence of permanent bedridden status or inability to leave the house. His claim for SMP based on need for regular A&A or by reason of being housebound was also denied.

The Veteran's appeal for service connection on the merits has been granted, and he is now receiving a 100 percent evaluation for his heart condition (CAD). His renal insufficiency with hypertension is rated at 60 percent. He also receives SMC based on housebound status due to his CAD.

The Board found that the Veteran's respiratory disabilities, including COPD and emphysema, are not service-connected due to lack of evidence linking them to her active duty service. The VA examiner opined that her current respiratory conditions are more likely related to her long-term smoking history than to any exposure during her deployment in Kuwait.

The Veteran's appeal is mixed, with some issues granted and others not. Service connection for chemical sensitivities, fibromyalgia, chronic fatigue syndrome, respiratory disorder, IBS, and low back disorder are granted on a presumptive basis due to Gulf War exposure. Other service connection claims remain pending.

The Board denied the Appellant's claims for service connection for cause of death, DIC benefits under 38 U.S.C. § 1318, and accrued benefits due to lack of evidence showing a service-connected disability caused or contributed substantially to the Veteran's death.

The Board has remanded the case for further development and readjudication due to a request for substitution of the Veteran's surviving spouse.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's COPD is related to exposure to missile chemical exposure during active duty service, and thus grants the claim for service connection.