COPD decisions — 2018

The Board has vacated the portion of its September 2017 decision that denied reopening of claims for service connection for an acquired psychiatric disorder, a left wrist disability, and COPD. The new evidence does not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected conditions were evaluated, and the Board denied entitlement to increased ratings for chronic obstructive pulmonary disease, right lower extremity varicose veins, and left lower extremity varicose veins. The decision also noted that the Veteran did not meet criteria for a TDIU on either a schedular or extraschedular basis.

The Veteran's lung disability, to include COPD, was not incurred in or aggravated by service and the Board finds that there is no evidence of a nexus between his current lung disorder and his period of service. The Veteran did not have any respiratory problems during service and he has not provided medical evidence or an opinion linking his current condition to service.

The Board has determined that the RO's denial of service connection for a respiratory disability, including asthma, bronchitis, COPD, sinusitis, and rhinitis, was not clearly and unmistakably erroneous. The Veteran's current respiratory disabilities are presumed to be related to his active service.

The Board has determined that the Veteran's COPD began in service and is not due to his history of tobacco use, granting service connection for COPD.

The Veteran withdrew his appeal for all issues related to service connection, including ischemic heart disease, hypertension, shoulder disability, prostate disability, residuals of right lower inguinal injury, eczema, bilateral foot fungus, ulcers, GERD, Parkinson's disease, and COPD.

The Veteran's death was not proximately caused by VA treatment, and the appellant's DIC claim under 38 U.S.C. § 1151 is denied.,The appellant's request for increased VA death pension benefits is denied as her income exceeds the maximum annual pension rate (MAPR).,There are no accrued benefits due to the appellant as there were no claims pending at the time of the Veteran's death.

The Board has determined that the Veteran's COPD is not related to his period of active military service and therefore denied service connection for COPD.

The Veteran's respiratory disorders, including chronic bronchitis, asthma and COPD, were not incurred in or aggravated by his active service. The Board found that the onset of these conditions occurred after discharge from service and was more likely related to a chemical burn incident at work in the 1990s.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and requesting an addendum examination to determine the relationship between his claimed conditions and service.

The Veteran's respiratory disorders, including COPD and bronchitis, are being remanded for additional development due to the need for a VA opinion on their relationship to service, particularly his service-connected lung cancer.

The Board has determined that a new VA examination and opinion is needed to determine the nature and etiology of the Veteran's lung condition, including bronchitis and COPD. The case is REMANDED for these actions.

The Board has remanded the case for a VA examination to determine if the Veteran's COPD and chronic bronchitis are related to his service, as there is evidence of symptoms during service.

The Veteran seeks service connection for hypertension, COPD, and myocardial infarction with stent implant. The appeal is remanded due to the need for verification of herbicide exposure in Korea.

The Board has denied the Veteran's claims for service connection for hypertension, stomach ulcers, acid reflux, allergies, asthma, COPD, and chronic sinusitis as these conditions are not related to his military service.

The Veteran's cause of death was not service-connected as COPD and heart disease were not shown to be related to his military service. The Board found no evidence of herbicide exposure during the Veteran's service, thus denying both claims for service connection.

The Board is remanding three issues: service connection for COPD, GERD, and reopening the hypertension claim. The Veteran's hearing request was not properly notified at his current address.

The Board denied service connection for COPD, liver disability (to include cirrhosis of the liver and hepatitis C), osteoporosis of multiple joints, residuals of a nephrectomy, and residuals of an appendectomy as they were not incurred or related to service.

The Veteran's respiratory disability, including asthma and COPD, is granted as service-connected. The Board found clear and unmistakable evidence that the Veteran had a history of asthma prior to service, but did not find such evidence sufficient to rebut the presumption of soundness under 38 U.S.C. § 1111 or the presumption of aggravation under 38 U.S.C. 1153.

The Veteran's pleural plaques are granted service connection as they are related to in-service asbestos exposure. However, the Veteran's COPD is denied as it is not related to his service.