COPD decisions — 2019

The Board denied service connection for insomnia as secondary to service-connected headaches or traumatic brain injury, and denied service connection for COPD. The Veteran does not have a current diagnosis of insomnia, and the VA examiner determined that it is less likely than not that COPD was incurred in or caused by exposure to lead-based paint during service.

The Board has decided to remand the Veteran's claims for service connection for emphysema, COPD, asbestosis, and mesothelioma due to asbestos exposure. The Veteran was exposed to asbestos during his military service and had in-service treatment for respiratory disorders.

The Veteran withdrew his appeals for the left shoulder condition, bilateral hearing loss, pulmonary problems (claimed as COPD), cognitive disorder, and headaches. The appeal for PTSD was also withdrawn in its entirety.

The Veteran's bilateral hearing loss is granted as service-connected.,His chloracne behind the ears, presumed due to herbicide exposure in Vietnam, is also granted as service-connected.

The Board denied the Veteran's claim for service connection for COPD, finding that there was no evidence to support a link between his current diagnosis and his military service.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and granted. The claims for back disability, tinnitus, diabetes mellitus, nerve conditions of the upper and lower extremities, left knee disability, lung condition (COPD), and skin condition have not been reopened.,Service connection was denied for a back disability, tinnitus, diabetes mellitus, nerve conditions of the upper and lower extremities, left knee disability, COPD, and skin condition. The Veteran's claim for service connection for bilateral hearing loss has been reopened.

The Board has decided to remand the case due to the need for a VA examination and additional records, as there is insufficient evidence on whether the Veteran's COPD is related to service exposure to asbestos.

The Board has granted the Veteran's application to reopen his service connection claims for hypertension, a bilateral elbow disability (claimed as pain and rashes), and COPD. However, these claims are remanded due to insufficient evidence regarding their etiology.

The appeal is being remanded for additional development of records and a VA medical opinion to address the theories of compensation under 38 U.S.C. § 1151 based on the Veteran’s death and service connection.

The appeal for DIC benefits under 38 U.S.C. § 1318 is dismissed because the Appellant withdrew her appeal prior to a decision being made. The issue of service connection for the cause of the Veteran’s death remains and will be remanded.

The Board has decided to remand the Veteran's claims for lung cancer, COPD, and kidney disease due to incomplete medical opinions and need for further development.

The Veteran's claim for service connection for a respiratory condition is being remanded due to the need for additional medical examination and records.

The Board denied service connection for COPD, Sleep Apnea, HTN, DM, TBI, and Bilateral Neuropathy due to lack of evidence linking these conditions to active military service.

The Board denied the Veteran's claim for an earlier effective date for service connection of COPD, finding that there was no CUE in the prior February 1995 rating decision and that the claim had not been appealed within one year of separation from service.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between COPD and service. The Veteran's STRs show treatment for bronchitis in service, but there is no direct link provided by the VA examiner.

The Board has remanded the service connection claims for bronchiectasis and COPD due to a lack of clarity in the VA examiner's opinion regarding the relationship between these conditions and asbestos exposure, as well as other potential exposures during service. The Veteran is requested to provide an addendum medical opinion.

The Veteran's TDIU claim is granted as his service-connected chronic bronchitis with COPD and OSA warrants a 100% rating, effective July 17, 2016. He also meets the criteria for SMC at the housebound rate due to additional disabilities rated at 60% or higher.

The Veteran's service connection claim for COPD was denied. The claims for higher evaluations of left and right knee osteoarthritis were also denied, but the case is remanded for further evaluation on some issues.

The Veteran's service connection claims for various conditions have been granted. The appeal as to the claim of service connection for burn scars of the right forearm and face is moot, and the claim is dismissed for lack of jurisdiction.

The Board has remanded the Veteran's claims for asthma, COPD, and Parkinson’s disease due to a lack of current diagnoses in the record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service exposure or otherwise.