COPD decisions — 2018

The Board has determined that the Veteran's skin cancer is related to his active service, while COPD is not. The skin cancer claim is granted, and the COPD claim is denied.

The Board finds that the Veteran's COPD, claimed as due to asbestos exposure, was not present in-service and there is no competent evidence relating it to service or any other basis. Therefore, the claim of service connection for COPD, claimed as due to asbestos exposure, is denied.

The Veteran's service connection for persistent depressive disorder is granted, with a rating of 70 percent effective July 20, 2015. The Board finds that the Veteran suffers from frequent and severe symptoms of persistent depressive disorder, such as depressed mood, chronic sleep impairment, mild memory loss, flattened affect, impaired judgment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, and difficulty in adapting to stressful circumstances, including work or a worklike setting.

The Veteran died from cutaneous burn injuries, but his service connection for PTSD was denied at the time of death. The Board found that there is not sufficient evidence to establish a causal relationship between the cause of death and any service-connected condition.

The Veteran's appeal is remanded due to the need for additional medical records and an examination to determine if his respiratory disorders were pre-existing or aggravated by service.

The Board denied the Veteran's claims for service connection for a respiratory disorder (COPD) and bilateral hand tremors, as well as his claim for an initial compensable rating for NHL prior to August 26, 2015. The TDIU claim was also denied.

The Board found that the Veteran did not serve in Vietnam and was not exposed to herbicides, thus denying service connection for all claimed conditions.

The Board has decided to remand the case for further development due to lack of evidence regarding exposure to chemical agents and a VA examination is needed.

The Veteran's service-connected COPD is currently rated at 60 percent prior to August 16, 2012. The Board finds that the evidence does not support a higher rating.

The Board has granted service connection for COPD, but denied the remaining issues of entitlement to service connection for coronary artery disease, hypertension, and degenerative bone disease.

The Board denied service connection for sleep apnea and COPD, finding that the Veteran's symptoms were not caused or aggravated by his service-connected PTSD. The Veteran's COPD was found to be less likely as not incurred in service due to recurrent bronchitis, which is not considered a chronic condition.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tinnitus. The claims for skin cancer, sebaceous cysts, heart disease, and COPD are also denied as there is no evidence of a nexus to service.

The Veteran's appeal is remanded for further development, including a VA examination to assess the nature and extent of his service-connected residuals from non-small cell carcinoma with pneumonectomy. The Veteran will also be notified about obtaining private medical records.

The Board has restored the Veteran's 100% disability rating for adenocarcinoma of the lung, effective February 1, 2012. The issue of entitlement to TDIU is moot as the Veteran now has a 100% disability rating.

The Veteran's claim for service connection for chronic obstructive pulmonary disease to include secondary to peripheral neuropathy and herbicide exposure is dismissed as the Veteran withdrew his appeal.,Service connection granted for upper extremity peripheral neuropathy due to diabetes mellitus.,Service connection granted for lower extremity peripheral neuropathy due to diabetes mellitus.,Essential tremors of the hands were not incurred or aggravated in service and are not related to herbicide exposure.

The Veteran's death was caused by clostridium difficile colitis, tracheobronchitis, and COPD. The Board finds that the issue of negligence on behalf of VA doctors during treatment falls under the primary issue of entitlement to service connection for cause of death.

The Board has remanded the case for further development, including verification of herbicide exposure in Thailand. The Veteran's service connection claim remains pending.

The Veteran died from a head injury, but there is no evidence linking his breathing problems or asbestosis to his military service. Therefore, the claim for service connection for cause of death is denied.

The Board has granted service connection for various conditions, but denied the Veteran's claims for increased ratings and earlier effective dates. The case is being remanded to issue a Statement of the Case on these issues.

The Veteran's claim for service connection for bilateral plantar posterior calcaneal spurs was denied as there is no evidence of a nexus between the condition and his military service.