COPD decisions — 2018

The Board has determined that a new examination is needed to clarify the nature and severity of the Veteran's COPD with spontaneous partial pneumothorax, as well as its relationship to other conditions. The claim will be remanded for this purpose.

The Board has granted service connection for M.G.U.S. and secondary service connection for sensori-motor axonal polyneuropathy (claimed as peripheral neuropathy of the bilateral upper and lower extremities). The Veteran's COPD is also found to be related to his herbicide exposure.

The Veteran's claim for service connection for intestinal bleeding has been denied as there is no evidence linking his current condition to his military service.,The Veteran's emphysema with COPD has been granted a disability rating of 60 percent, effective from June 14, 2017.

The Board has denied the Veteran's claims for service connection for various conditions, including hypertension, diverticulitis, asthma, COPD, diabetes mellitus, PTSD, stroke, bowel cancer, bilateral hearing loss, headaches, hernia, sleep apnea, and nerve damage. The reasons given were that there was no evidence of a causal relationship between these conditions and the Veteran's active service.

The Veteran's death was caused by multisystem organ failure, acute myelogenous leukemia (AML), and chronic obstructive pulmonary disease (COPD). The Board found that these conditions are not related to his military service or any service-connected disabilities.

The Veteran's death was caused by his own history of smoking, not by any service-connected disability. The Board found that the Veteran's service-connected foot disabilities did not contribute to or cause his terminal respiratory conditions.

The Board has determined that the Veteran's asthma is proximately due to his prolonged exposure to extreme cold and coal ash while on active duty, and therefore service connection for asthma is granted.

The Veteran's COPD has been rated at 10 percent, the minimum compensable rating. The Board finds that the preponderance of evidence supports this rating.

The Board has denied service connection for a right knee disability due to lack of evidence linking the current condition to service, including post-service treatment records showing no diagnosed disability.,Service connection for left knee disability is also denied as there are no in-service complaints or diagnoses and no continuity of symptoms since service.

The Veteran's respiratory disability, including as related to in-service asbestos exposure and/or service in the Southwest Asia theater of operations during the Persian Gulf War, has not been shown to be causally related to his active military service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his COPD and emphysema.

The Board found that the Veteran's COPD was not related to his military service, specifically his in-service exposure to asbestos. The VA medical opinion provided a clear and reasoned analysis supporting this conclusion.

The Board has denied the Veteran's claims for service connection for a respiratory disorder and an acquired psychiatric disorder.,Service connection was not granted as there is no evidence of in-service injury, disease or event to which either disorder could plausibly be related.

The Board has remanded the case for additional development, including obtaining missing service treatment records and SSA disability benefits file. The Veteran's claims will be readjudicated after this is completed.

The Veteran's claim for an effective date prior to August 31, 2011, for the grant of service connection for COPD was denied as it is not permissible due to a final disallowance in September 2009.

The Veteran's bilateral hearing loss disability is rated at 20 percent, which is the maximum schedular rating available.,The Veteran's skin condition has been evaluated as noncompensable since December 2014 and 30 percent from February 3, 2015. The VA examinations have not provided sufficient evidence to warrant a higher evaluation.,The Veteran's COPD is currently rated at 30 percent effective August 16, 2010. The VA examinations have not provided sufficient evidence to warrant a higher evaluation.

The Board denied the Veteran's claim for service connection for asbestosis and COPD, finding that there is no current diagnosis of either condition.

The Board denied the Veteran's claims for service connection for prostate cancer, left arm disability, and restoration of his TBI rating. The Veteran's MDD and COPD ratings were also denied.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and an addendum opinion regarding his respiratory disorder.

The Veteran's tinnitus was found to be related to non-military occupational and recreational noise exposure, rather than service. The claim for service connection for tinnitus is denied.