COPD decisions — 2019

The Board has denied all service connection claims, finding that the Veteran's claimed conditions are not related to his active duty service.

The Board has denied service connection for cataracts, COPD, aortic aneurysm, right wrist tendonitis, and paroxysmal tachycardia as there is no evidence linking these conditions to service or herbicide exposure. The Veteran's claim for service connection of paroxysmal tachycardia is remanded due to the need for a VA examination.

The Veteran's claim for a disability rating in excess of 30 percent for his service-connected chronic bronchitis (also claimed as COPD and emphysema) is remanded. The issue of entitlement to total disability rating based on individual unemployability (TDIU) is also remanded due to the inextricably intertwined nature with the increased evaluation issue.

The Board has determined that the VA examination and opinion are inadequate for rating purposes, and thus remands the case back to the AOJ with instructions to correct the error by providing an addendum opinion addressing the nature and etiology of the Veteran's claimed COPD with emphysema, including as due to asbestos exposure.

The Board denied the Veteran's appeals regarding the timeliness of her notices of disagreement (NODs) for service connection claims, including those for migraines, low back condition, right knee disability, and left knee disability. The appeal was dismissed as she did not timely file NODs.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for nonservice-connected burial benefits.

The Veteran's COPD, benign lung nodule and mediastinal lymphadenopathy are found to be related to his service due to asbestos exposure in the engine room.

The Board denied the Veteran's claims of service connection for arthritis, COPD, OSA, and a skin condition. The evidence did not support a finding that these conditions were related to his military service.

The Board denied service connection for COPD, a bilateral lower extremity disorder (other than neuropathy), and a heart disorder due to lack of evidence linking these conditions to the Veteran's military service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected asbestosis, finding that it did not meet the schedular criteria and that referral for extraschedular consideration was not warranted. The most probative evidence of record supported the conclusion that COPD, rather than asbestosis, limited the Veteran's ability to work.

The Board has remanded the cases for further development due to missing Social Security Administration (SSA) records and need for additional medical examinations.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's lung disabilities, specifically COPD and asbestosis. The VA must provide a new opinion addressing whether the Veteran's preexisting asthma was aggravated by service and whether his diagnosis of COPD during the appeal period is related to service exposure.

The Board has remanded the case for a VA examination to determine if COPD is related to service, including exposure to herbicides. The examiner will also consider the Veteran's contentions about smoke grenades and their toxicity during his service.

The Board has dismissed the appeal seeking service connection for COPD as the Veteran withdrew his appeal during a videoconference hearing.

The Board denied the Veteran's claim for service connection for the cause of his death and also denied his claim for accrued benefits. The Board found that there was no evidence linking any of the conditions listed on the death certificate to service or a service-connected disability.

The Veteran's depression, allergic rhinitis, and fibrocystic breast disease are not service-connected.,The Veteran's lower respiratory disorder (COPD, asthma, bronchitis) and menstrual disability (amenorrhea/oligomenorrhea) require further examination to determine their relationship to service.

The Board denied service connection for back disability, asthma, COPD, and hypertension as the evidence did not show these conditions were incurred in or due to military service.

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance due to resultant helplessness, which has been established by medical evidence.

The Board denied the Veteran's claim for service connection for COPD, finding that there was no evidence of a chronic respiratory illness during service and attributing the current condition to his long history of smoking. The Board also found no nexus between Gulf War exposure and the Veteran's COPD.

The Board has remanded the Veteran's claims for cervical dysplasia, depressive disorder (not otherwise specified), COPD, and Hepatitis C due to additional development of her records.