COPD decisions — 2020

The Veteran's claim for a rating in excess of 40 percent for angioneurotic edema was denied. A 10 percent rating was granted for sinusitis with hypertrophic rhinitis. The claims to reopen service connection for COPD and heart condition were both denied.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include bilateral hearing loss, lung disorder (COPD), heart disorder (coronary artery disease), and back disorder.

Prior to January 11, 2012, the Veteran's service-connected chronic obstructive pulmonary disease, pulmonary fibrosis and asbestosis did not meet the criteria for a higher rating.,As of January 11, 2012, the Veteran's PFT results showed DLCO less than 40 percent of predicted value, warranting a 100% disability rating.

The Veteran's COPD and bladder cancer are not related to service, as there is no evidence of these conditions during or within one year after service. The Board finds that the Veteran has not provided sufficient medical evidence to support a direct relationship between his current disabilities and service.,PTSD was granted based on the Veteran's reported stressors in Vietnam, with the VA psychiatrist confirming the diagnosis.

The Veteran's pleurisy claim was not reopened, COPD service connection was denied, and right ear hearing loss service connection was denied. Right hip disability and right ankle disability secondary to service-connected bilateral foot disability are remanded for further review.,Right hip disability and right ankle disability secondary to service-connected bilateral foot disability are being remanded for further evaluation.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for degenerative arthritis of the spine prior to August 31, 2018 or since then. Service connection was also denied for umbilical hernia, gastroesophageal reflux disease (GERD), right elbow strain, chronic obstructive pulmonary disease, patellofemoral pain syndrome, left knee, and hearing loss.

The Board has dismissed the appeals for COPD with emphysema and obstructive sleep apnea. The appeals for diabetes mellitus type II and hypertension are remanded.

The Veteran's disability rating for a respiratory condition is restored to 60 percent effective May 1, 2016. The claim for service connection of a psychiatric disability has been reopened due to new and material evidence. The claims for service connection of the respiratory and psychiatric disabilities are remanded for further examination and review.

The Board has remanded several issues due to the need for additional medical opinions regarding the relationship between service and certain disabilities.,These include lung disability, headache disability, dermatological disorder, bilateral foot disability, sleep disorder, hip strain, and ankle disability.

The Board has remanded the case due to insufficient evidence regarding in-service herbicide exposure and asbestos exposure. The Veteran's respiratory disabilities, including COPD and emphysema, are being reviewed for possible service connection based on direct evidence.

The Veteran's claim for service connection for a respiratory disability, including COPD and/or residuals of pneumonia, is being remanded due to the need for additional development. The Board will consider whether new evidence supports reopening the claim and will seek an opinion regarding the etiology of any current respiratory disabilities.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between emphysema/COPD and service. The Veteran's asbestos exposure is also considered.

The Veteran's service connection claim for COPD is denied. The initial rating of PTSD prior to June 9, 2016 is granted at 30 percent and TDIU prior to that date is also granted.

The Board has remanded the Veteran's claim for service connection for asthma and COPD due to in-service exposure to herbicide agents or other environmental conditions. The case is returned for a new VA medical opinion using the 'clear and unmistakable evidence' standard.

The Veteran's claim for bilateral hearing loss is denied as there is no current diagnosis of hearing loss.,The Veteran's claim for PTSD is denied as there is no current diagnosis and the examiner did not provide a link between service and symptoms.

The Board has granted service connection for obstructive sleep apnea and COPD, finding that these conditions are related to the Veteran's service-connected asthma.

The Veteran's death was not caused by, or substantially or materially contributed to, by a service-connected disability. The Board denied the claim for service connection for cause of death and denied DIC under 38 U.S.C. § 1318.

The Board has remanded the claims for service connection for COPD and asthma due to incomplete explanations in previous opinions, and because these issues are intertwined with each other.

The Veteran's claims for service connection have been denied. The Board found no new and material evidence to reopen the claims of bilateral hearing loss, tinnitus, PTSD, and undiagnosed Gulf War illness. Service connection was granted for an acquired psychiatric disorder (anxiety) but not for hypertension, stroke residuals, OSA, or headaches.

The Veteran's appeal for a higher rating on his right 5th toe disability is denied, and the respiratory condition claim is remanded due to inadequate examination.