COPD decisions — 2019

The Board has remanded the case due to insufficient evidence regarding the cause of death and the relationship between service, exposure to herbicide agents, and the Veteran's conditions.

The Veteran's cause of death is remanded for further review, including obtaining SSA records and determining the eligibility for substitution. The DIC claim remains inextricably intertwined with the substitution issue.

The Veteran's cause of death was listed as chronic obstructive pulmonary disease, chronic bronchitis, pleural effusion, and carcinoma in situ of other unspecified sites. The Board found no connection between these disabilities and the Veteran's service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's death was caused by his service-connected conditions, specifically PTSD and hypertension.

The Board dismissed the Veteran's appeals for service connection of various conditions, including left knee disorder, left ankle disorder, right ankle disorder, depressive disorder, COPD, neurological disorders of lower extremities, and hip disorders. The reasons given were that there was no evidence linking these conditions to service.

Service connection is granted for COPD, with a finding that the Veteran's current disability is related to presumed herbicide agent exposure during service. The claim is remanded for further examination and development regarding PTSD, right knee disability, and bilateral inguinal hernia.

The Veteran's lung disorder, asthma, and sleep apnea claims are granted. The remaining issues of service connection for bilateral ankle, shoulder, hip, and leg disorders are denied.

The Board has remanded the Veteran's claims for service connection due to unresolved issues regarding his respiratory condition, right leg tingling and numbness, and acquired psychiatric disorder (other than PTSD), all claimed as residuals of a gunshot wound to the left chest. The appeals are currently pending.

The Veteran's TDIU claim is being remanded due to the need for consideration of evidence from a March 2019 VA examination and readjudication based on all available evidence.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining VA treatment records and providing an expert opinion regarding his COPD claim.

The Board denied the Veteran's claims for service connection for COPD, an initial compensable rating for bilateral hearing loss, and a higher disability rating in excess of 70 percent for PTSD. The decision found that there was no evidence linking the Veteran’s current conditions to his military service.

The Board denied service connection for a respiratory disability, including asthma, COPD, and idiopathic pulmonary fibrosis, finding that the Veteran did not have a current respiratory disability related to his service.

The Veteran's RLE radiculopathy is now rated at 20 percent effective from February 15, 2018. Other conditions remain unchanged.

The Veteran's bilateral hearing loss and tinnitus are granted as related to service due to noise exposure.,Bilateral knee osteoarthritis is also granted, with the condition being linked to military service.

The Board denied service connection for fibromyalgia, scoliosis, CFS, COPD, and asthma. The claims for scoliosis, CFS, and COPD were withdrawn by the Veteran during a hearing.

The Board has decided to remand the case due to a need for a VA medical opinion regarding whether COPD, which was diagnosed after service and is severe from its onset, may be related to Agent Orange exposure during service in Vietnam.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal. The claims for increase and service connection remain in appellate status.

The Board has denied service connection for COPD and prostate cancer, finding no evidence of a link to military service. The case is remanded for further development regarding the Veteran's exposure to toxic herbicides.

The Veteran's claims for service connection have been reopened, and the Board has granted service connection for an acquired psychiatric disorder (including schizophrenia), a back condition, and a respiratory condition to include COPD. The claim for PTSD remains denied due to lack of evidence of an in-service stressor. Service connection for hepatitis C was not addressed as it is unrelated to the other claims.

The Board has determined that the Veteran does not have an additional disability of left leg clot due to VA treatment in July 2007, and thus denied his claim for compensation under 38 U.S.C. § 1151.