COPD decisions — 2019

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various conditions, including right ear hearing loss, an acquired psychiatric disorder, GERD, abdominal aortic aneurysm, type II diabetes mellitus, hypertension, obstructive sleep apnea, respiratory disorders, vocal cord dysfunction, bilateral knee and shoulder disorders, lumbar spine disorder, and scars. The development includes obtaining service personnel records for the Veteran's periods of active duty and National Guard service, as well as verifying any qualifying periods of service.,The Board also notes that the Veteran has contended that his conditions are related to hazardous exposures during his period of active duty, including exposure to jet fuel and chemicals. The AOJ should attempt to verify these claims and obtain VA medical opinions regarding the etiology of the Veteran's conditions.

The Board denied the Veteran's claims for service connection for COPD due to herbicide exposure in Vietnam and due to December 1966 pneumonia, finding that there was no medical evidence linking his current condition to these factors.

The Veteran's service-connected sarcoidosis is rated at 30 percent, which requires low dose corticosteroids and corresponds to a COPD rating.

The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection of lumbar spine disorder, cervical spine disorder, PTSD, bronchial asthma, COPD, bilateral sciatica, and erectile dysfunction. The claims are being remanded due to outstanding VA and private treatment records not having been obtained.

The Veteran was granted a TDIU prior to September 28, 2018 due to his service-connected disabilities. The issue of a TDIU from September 28, 2018 is dismissed as moot because the Veteran's combined schedular disability rating reached 100 percent.

The Board denied the Veteran's claim for service connection for his cause of death, finding that there was no evidence linking his fatal pneumonia and other conditions to his active duty service.

The Veteran's COPD was rated at a 30% disability rating between November 29, 2016 and January 7, 2018. On and after December 29, 2017, the Veteran received a 100% disability rating for his service-connected COPD.

The Board dismissed the Veteran's claims for bronchitis, COPD, pleurisy, and pneumonia. The Veteran's claim for a skin disability was remanded.

The Board has remanded the cases for further development and consideration, including obtaining missing medical records and ensuring VA fulfilled its duty to assist. The issues of increased disability ratings for chronic left Achilles tendonitis and residuals of pneumonia with left lower lung scar and COPD, as well as TDIU, are now pending.

The Board has remanded the claims of service connection for asbestosis, pulmonary hypertension, and COPD due to inadequate efforts in verifying the Veteran's claimed in-service asbestos exposure. The VA examiner is required to review the file and provide an opinion on whether these conditions are etiologically related to any aspect of active duty service.

The Veteran's claims for service connection for COPD, lung cancer, hypertension, and left wrist disability have been denied. The claim for service connection for COPD was reopened based on new evidence but still not substantiated. Lung cancer is also not supported by the evidence as related to service. Hypertension and left wrist disability are both denied.

The Board has remanded the case due to an inadequate statement of reasons and bases for denying service connection for the cause of the Veteran's death. The Court found that the Board did not address the applicability of 38 C.F.R. § 3.312(c)(3) with respect to the Veteran’s service-connected shell fragment wound of the left pleural (cavity) with retained foreign body.

The Veteran withdrew his appeals regarding hypertension and COPD, resulting in the dismissal of these cases.

The Board has decided that the Veteran does not have a current diagnosis of lung cancer, hypertension, or heart attack related to service. The claim for respiratory disorder is remanded as there are insufficient medical records to determine its onset and relationship to service.

The Board has determined that the Veteran's current lung disability, diagnosed as peripheral pleural calcification, is at least in equipoise with his in-service asbestos exposure and grants service connection for this condition.

The Board has remanded the case for a new VA examination to determine if the Veteran's death was caused by his service-connected conditions or due to other causes. The issues include determining whether ischemic heart disease, COPD, hepatocellular carcinoma, hypertension, and acute renal failure are related to service.

The Veteran's claim for service connection for asthma and respiratory disabilities is being remanded due to the need for additional medical opinions regarding the relationship between his current conditions and military service.

The Board has granted the reopening of the claim for service connection for COPD, but denied the claim itself due to lack of evidence linking the condition to service or in-service asbestos exposure.

The Veteran's death was not service-connected, and the Board has ordered a new medical opinion to determine if his conditions are related to his military service.

The Veteran's COPD is being remanded for a VA examination to determine if it is at least as likely as not related to his presumed in-service herbicide agent exposure.