COPD decisions — 2019

The Board has granted service connection for COPD and the cause of death due to COPD. The decision is based on evidence that suggests exposure to herbicides during service may have contributed to the Veteran's development of COPD.

The Board has denied the Veteran's claim for service connection for an acquired chronic respiratory condition, including COPD and right basilar pleural scarring, finding that there is no evidence linking these conditions to his military service.

The Board has decided to remand the case due to incomplete records and will seek additional information from the Veteran regarding his private treatment providers.

The Veteran's claims for service connection for asthma and COPD, as well as his initial compensable rating for bilateral hearing loss were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service for these conditions.

The rating reduction for service-connected COPD from 30 percent to 10 percent, effective January 1, 2018, was proper due to a clear and unmistakable error in the October 2016 rating decision.

The Veteran's right below the knee amputation was not caused by VA negligence, and his service-connected disabilities do not meet the criteria for individual unemployability.

The Board has granted service connection for low back disorder, neck disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, obstructive sleep apnea, COPD, and nasal condition.

The Veteran's appeals for service connection for colon cancer, earlier effective dates for the grant of service connection for diabetes mellitus type II and left and right lower extremity peripheral neuropathy, and an earlier effective date for a 40% rating for bilateral hearing loss have been withdrawn.,The claim for reopening of a previously denied claim of service connection for asthma has been granted. The claim for reopening of a previously denied claim of service connection for a psychiatric disorder has also been granted.,Service connection for hypertension has been granted.

The Board denied the Veteran's claim for service connection for a respiratory disability, diagnosed as COPD, finding that there is no credible and probative evidence indicating the COPD is related to any in-service incident or event.

The Board denied the Veteran's claims for service connection for various conditions, including tinnitus, right shoulder condition, left shoulder condition, hypertension, neck condition, low back condition, COPD, and GERD. The reasons given were that there was no evidence of a nexus between these conditions and service.

The Board denied the request to reopen the claim of service connection for COPD due to lack of new and material evidence.

The Board dismissed the claims of entitlement to service connection for heart disease, chronic obstructive pulmonary disease and gout due to the death of the appellant.

The Veteran's lung cancer and service-connected COPD have been granted. The rating for COPD has been increased to 60 percent.

The Veteran is granted an effective date of January 15, 2014 for a total disability rating for his service-connected asthma. The decision acknowledges the factually ascertainable increase in the Veteran's asthma on that date.

The Board denied the Veteran's claim for service connection for a respiratory disability, including COPD, chronic respiratory insufficiency, and asthma, finding that there is no evidence to support a link between his current disabilities and his military service or exposure to asbestos or herbicide agents.

The Board has remanded the claims for service connection for diabetes mellitus, hypertension, COPD, and a left eyelid disability (blepharitis) due to inadequate VA examinations. The Veteran is required to provide additional opinions regarding causation and aggravation of these conditions by his service-connected sleep apnea.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory condition, specifically asthma and COPD. The VA is required to obtain a new examination to address the alternate theories of entitlement put forth by the Veteran and in-service treatment for lung problems.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his diagnosed respiratory conditions.

The Veteran's death was not due to a service-connected disability, and thus the claim for service connection for the cause of death is denied. The appellant's claim for burial benefits is also denied as there was no evidence of service-connected disability at the time of death.

The Veteran's COPD is service connected, but the claim for service connection due to exposure to Agent Orange, asbestos, and/or contaminated water at Camp Lejeune remains pending.