COPD decisions — 2018

The Veteran's service-connected disabilities alone have not caused him to be permanently bedridden or rendered so helpless as to need the regular aid and attendance of another person during the appellate period. The Board denied entitlement to special monthly compensation based on the need for aid and attendance.

The Board has denied service connection for neck (cervical) disability, bronchitis, chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea (OSA). The Veteran's current conditions are not considered to be related to his military service.

The Board denied service connection for the cause of the Veteran's death due to chronic leukemia, as there was no evidence linking it to his military service or exposure to radiation.

The Veteran's claims for service connection for a respiratory condition due to asbestos exposure and vertigo secondary to his service-connected bilateral hearing loss and tinnitus are being remanded for further development.

The Veteran's claims for service connection for left and right knee disabilities, low back disability, and COPD (including as a result of exposure to herbicide agents) have been granted. The claim for service connection for asthma has been denied.

The Board has remanded the case due to incomplete documentation and further development is required, including obtaining complete study from the NIH and Air Force manual cited by the neurologist.

The Veteran's left knee disorder and erectile dysfunction are service-connected, but the right knee disorder, cervical spine disorder, bilateral hearing loss, bronchitis, chronic obstructive pulmonary disease, and asthma are not.,Service connection is granted for erectile dysfunction as secondary to hypertension. The other conditions remain denied.,There is no evidence of a current cystalgia (pain in the bladder) disability, so service connection is denied.,The Veteran's right knee disorder, cervical spine disorder, bilateral hearing loss, bronchitis, chronic obstructive pulmonary disease, and asthma are not service-connected.,Service connection for the cervical spine disorder is granted as it is related to a low back disorder. The other conditions remain denied.,Service connection is granted for bilateral hearing loss due to inservice noise exposure. The other conditions remain denied.,Service connection is granted for bronchitis, chronic obstructive pulmonary disease, and asthma due to inservice noise exposure. The other conditions remain denied.

The Board has determined that the Veteran does not have a current respiratory disorder attributable to service, including asbestos exposure. The preponderance of evidence shows that his pleural effusion and plaques are markers of past asbestos exposure rather than an active condition.

The Veteran's service-connected unspecified depressive disorder is linked to his current sleep apnea, which the Board finds secondary to his service-connected condition. The Veteran's COPD status post bilateral pneumothorax has been rated at 30% since March 2011.

The Board has decided to remand the case due to inadequate VA examinations and the need for additional medical records. The Veteran's respiratory condition, including COPD and asbestosis, is being reviewed again with a focus on her service exposure.

Service connection is granted for COPD and an acquired psychiatric disability (anxiety disorder and bipolar disorder). The Veteran's lung condition, claimed as asbestosis, is also service-connected. Other claims are denied.

The Board denied service connection for COPD and restored the Veteran's disability rating for thyroid cancer to 60 percent.

The Veteran's service-connected disabilities (Ischemic heart disease and Chronic obstructive pulmonary disease) preclude him from securing and following substantially gainful employment. The Board has granted entitlement to a total disability rating based on individual unemployability.

The Veteran's chronic obstructive pulmonary disease is granted as service connected due to in-service exposure, with no presumption or new evidence involved.

The Veteran's claims for service connection and TDIU have been denied as there is no evidence of a current disability related to his military service, and he has no service-connected disabilities.

The Board has determined that there was not substantial compliance with the December 2015 remand directives and thus, the case is being returned for additional development.

The Board dismissed the Veteran's motion for revision of a June 25, 2014 decision based on clear and unmistakable error (CUE) as it did not meet the pleading requirements.

The appeal to reopen a claim for service connection of a lung condition is granted. The case is remanded for further evaluation and determination.

The Veteran's obstructive lung condition with COPD is related to his exposure to herbicides while serving in the Republic of Vietnam, and service connection for this condition is granted.

The Board denied the Veteran's claim of service connection for a respiratory disability, finding that her current COPD and bronchitis are less likely related to in-service events or conditions.