COPD decisions — 2020

The Board denied the Veteran's claims of service connection for respiratory, thoracolumbar/cervical spine, right knee, and left knee disabilities. The decision also denied an initial evaluation in excess of 20 percent for type II diabetes mellitus.

The Board denied service connection for COPD and an increased rating for bilateral hearing loss, finding that the Veteran's current COPD is more likely related to his long-term tobacco smoking rather than any in-service exposure or injury.

The Board denied the Veteran's claim for service connection for cause of death, finding that his lung cancer and COPD were not related to his military service or asbestos exposure.,The Board also denied DIC benefits, noting that the Veteran was not rated as totally disabled at any point.

The Board has granted service connection for hemorrhoids but denied service connection for a digestive disorder other than hemorrhoids and remanded the respiratory disorder claim. The case is now pending with the VA examiner to provide an opinion on whether asthma and COPD are related to military service.

The Veteran's COPD is not considered service-connected because it was not shown to be related to his military service. The Board has found the VA examination report and opinion to be of great probative value.,The Veteran's hair loss is presumed due to herbicide agent exposure, but there is no evidence linking this condition to his military service. Therefore, the claim for hair loss will be remanded for further development.,Seborrheic keratosis is presumed due to herbicide agent exposure and the Board has found that it is not related to the Veteran's military service. The claim for seborrheic keratosis will also be remanded for further development.,Basal cell carcinoma is presumed due to herbicide agent exposure, but there is no evidence linking this condition to the Veteran's military service. Therefore, the claim for basal cell carcinoma will be remanded for further development.

The Veteran's claim for special monthly pension based on the need for aid and attendance or housebound status was denied because he did not meet the criteria of needing regular aid and attendance, nor was he considered to be housebound.,The Veteran's application for non-service-connected disability pension benefits was also denied due to his income exceeding the maximum annual pension rate (MAPR).

The Veteran's claims for right forearm liposarcoma and left groin disability were dismissed due to withdrawal by the Veteran.,Claims for bilateral hand and foot tremors, anemia (pernicious anemia), respiratory disability (COPD, recurrent pneumonia, residuals of pneumonia), blood clot disability (pulmonary embolism, thrombophlebitis), and diverticular disease were denied as there is no credible evidence linking these conditions to service.

The Veteran's service-connected disabilities did not render her unable to work prior to April 13, 2016. The Board denied entitlement to individual unemployability based on extraschedular consideration.

The Veteran's appeal was remanded for issues related to service connection for various conditions, including skin cancer, diabetes mellitus type II, bilateral hearing loss, scarring of the lungs, and COPD. The appellant withdrew his claim for skin cancer due to Agent Orange exposure.,An effective date of February 12, 2015, was granted for the grant of service connection for diabetes mellitus type II.

The Veteran's claims for PTSD, a pulmonary disability, and TDIU are being remanded due to the need for additional development including VA examinations.

The Board has decided to remand the cases for further development due to inadequate medical opinions regarding service connection for COPD and hypertension, which are not presumed to be related to herbicide exposure.

The Board has denied service connection for hypertension, COPD, and lung cancer. The evidence does not support a finding that these conditions are related to service.

The Board denied service connection for COPD and mesothelioma as there is no evidence of a current disability or in-service injury that could have caused these conditions.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's COPD, including whether it is related to his military service or his service-connected PTSD and/or heart disability.

The Veteran's death was caused by a malignant neoplasm of the neck, metastatic to lymph nodes and bone. The Board finds that this evidence triggers VA’s duty to obtain a medical opinion to determine whether the malignant neoplasm of the neck is related to his active duty service, including exposure to Agent Orange during service in Vietnam or an auto accident in 1976. Additionally, the Veteran's chronic obstructive pulmonary disease and emphysema are being reviewed for their potential relation to service, specifically the 1976 auto accident. The Board also requests a medical opinion on whether the Veteran had ischemic heart disease that caused his death.

The Board dismissed the Veteran's appeal for a compensable evaluation for a surgical scars disability (due to adenocarcinoma of the lung, associated with adenocarcinoma of the lung and chronic obstructive pulmonary disease) due to withdrawal by the Veteran. The claim of entitlement to a compensable evaluation for a bilateral hearing loss disability was denied.

The Veteran's claim for service connection for sleep apnea has been reopened and is being remanded.,An effective date earlier than January 6, 2015 for the evaluation of generalized anxiety disorder is denied.,An effective date earlier than January 6, 2015 for the evaluation of left lower extremity sciatica is denied.,The reduction in disability rating for ischemic heart disease from 60 to 30 percent was proper and remains valid.,A compensable disability rating for COPD prior to July 19, 2018 is denied. A 10% disability rating for COPD from July 19, 2018 is granted.,An effective date earlier than January 6, 2015 for the evaluation of hypertension is denied.

The Board denied the Veteran's claim for service connection for a respiratory disability, including scarring of the lungs and COPD, finding that the preponderance of evidence did not support a link between his current condition and an in-service injury or disease.

The claim of service connection for chronic bronchitis has been reopened, and the case is remanded for further development including a VA examination to determine the nature and likely etiology of any chronic lung disorder.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory disability, including his claimed emphysema and COPD. The VA needs to obtain service treatment records, verify in-service exposures, and provide an addendum opinion from a clinician.