COPD decisions — 2019

The Board denied the Veteran's claims for service connection for COPD, sleep apnea, and diabetes mellitus. The decision found that there was no in-service exposure to herbicide agents, no current diagnoses of these conditions, and insufficient evidence linking them to service.

The Veteran's PTSD resulted in disability more nearly approximating occupational and social impairment with deficiencies in most areas, due to symptoms such as depressed mood, anxiety, suicidal ideation, and impaired impulse control. An initial rating of 70 percent since June 11, 2014 for PTSD is granted.

The Veteran's current right and left lower extremity peripheral neuropathy are found to be secondary to his service-connected diabetes mellitus, type II.,The Veteran does not have a diagnosed gall bladder disorder.

The Board dismissed the appeal due to the death of the appellant, and no service connection was granted.

The Veteran's allergies are considered to be related to his service-connected alopecia areata.,The Veteran's diabetes mellitus is not service connected.

The Veteran's hearing loss and IHD are granted service connection, while COPD and NHL are denied. The Board also found that the evidence is in equipoise for service connection of hearing loss.

The Board has denied service connection for a lung disability and low back disability, finding that the preponderance of evidence is against these claims. The claim for an initial compensable rating for bilateral hearing loss was also remanded due to insufficient medical records. Service connection for esophageal cancer and skin condition were also remanded.

The Veteran's erectile dysfunction is granted as secondary to his service-connected prostate cancer. His cardiovascular disorder and lung conditions are denied. The Board has ordered additional examinations for COPD, a lung disorder other than COPD (claimed as granuloma), malignant skin neoplasm (claimed as melanoma), essential tremor, and peripheral neuropathy of the upper and lower extremities.

The Board has remanded the Veteran's claims for an increased rating for COPD and TDIU due to inextricably intertwined issues. The Veteran needs updated VA treatment records regarding his COPD, including outpatient oxygen therapy and evaluation. A VA examination is also needed to assess the current severity of his service-connected COPD.

Your initial increased rating for obstructive sleep apnea with COPD has been granted and is now at its maximum (100%) since October 1, 2015. The appeal was dismissed as the Veteran withdrew his appeal.

The Board denied service connection for bronchitis and COPD, including as due to asbestos exposure. The decision found that the Veteran did not have a current disability related to his in-service conditions or asbestos exposure.

The Veteran's death was not caused by or related to any service-connected disability.,The Veteran did not meet the requirements for DIC benefits under 38 U.S.C. § 1318 as he had no qualifying wartime service.

The Veteran's claims of service connection for COPD with emphysema and hypertension were denied as new evidence did not establish a relationship to service. The claim for hypertension was reopened, but still denied.

The Veteran's COPD is remanded for a VA examination to determine its etiology. The TDIU claim is also remanded due to the relevance of the COPD service connection issue.

The Veteran's COPD was rated at 100% due to severe impairment. After a reduction in rating, the VA found no material improvement and denied restoration of the original non-compensable rating.

The Veteran's claim for service connection for calluses of the bilateral feet has been granted.,The Veteran's claims for an increased rating for asthma and COPD, prior to April 25, 2018, and for service connection for an acquired psychiatric disorder are remanded.

The Board has remanded the case due to insufficient reasons and bases in its previous decision, specifically regarding the relationship between service-connected depression and the Veteran's cause of death.

The Board has remanded the issues of service connection for a respiratory disorder, right knee disability, compensable evaluation for an acquired psychiatric disorder, and an evaluation in excess of 10 percent for degenerative joint disease of the left knee. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with these other issues.

The Board denied service connection for COPD and an acquired psychiatric disorder (to include PTSD) as the evidence did not support a link to service, with COPD being less likely related to herbicide exposure or in-service duties, and PTSD due to willful misconduct. The Veteran's anxiety was found to be within normal limits.

The Veteran's TDIU claim is denied because his service-connected disabilities do not prevent him from securing and following substantially gainful employment, as they are caused by nonservice-connected conditions such as COPD and emphysema.