COPD decisions — 2020

The claim for service connection for COPD was dismissed due to the appellant's death.

The Board denied the Veteran's claims for earlier effective dates, finding that the date of claim is the later of the two dates and thus the appropriate effective date.

The Veteran's wife is appealing for special monthly compensation (SMC) based on the need for aid and attendance or housebound status. The current evidence does not support this claim as a VA examiner concluded that it was due to non-service-connected conditions, but no opinion was provided regarding service-connected disabilities alone.

Service connection for sinusitis, post traumatic headaches, sleep apnea with associated asthma and COPD, and TBI residuals is denied.,An effective date prior to January 21, 2015, for the grant of service connection for post traumatic headaches, sleep apnea with associated asthma and COPD, and TBI residuals is denied.

The Veteran's appeal for service connection for COPD was dismissed due to his death.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include heart conditions, lung conditions, and reopening of previously denied neck, back, and hand condition claims.

The Board has remanded the cases due to incomplete records and need for further examinations. The Veteran's claims for service connection are not decided at this time.

The Board denied the Veteran's claims of service connection for various conditions, including a spinal disorder, bilateral lower extremity radiculopathy, bilateral hearing loss, tinnitus, an acquired psychiatric disorder, and a respiratory disability. The decision found that there was no evidence linking these conditions to his military service.

The Board has remanded the case for further development regarding service connection for breathing problems, including asthma and COPD. The Veteran's prostate cancer is denied as not related to his military service.

The Board denied the Veteran's claim for service connection for the cause of his death due to lack of evidence showing that a disability caused or contributed substantially or materially to his death. The Board found that schizophrenia, which was already service-connected, did not cause or contribute to his death.,Regarding the denial of compensation under 38 U.S.C. § 1151 for ARDS, the Board determined that there was no evidence showing VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part. The Veteran’s condition was not caused by his use of Risperidone and he had a positive response to it for years.

The Veteran's bilateral knee disability is granted as service-connected due to in-service wear and tear. The respiratory condition (pneumonia) is remanded for further development.

The Board has determined that the appellant is entitled to reimbursement of $7,392.00 for expenses incurred during her surviving spouse's last sickness and burial.

The Veteran's claims for fibromyalgia, COPD, rosacea, and a rating in excess of 10 percent for sinusitis have been dismissed. The claim to reopen service connection for obstructive sleep apnea has been granted.,PTSD was granted at a 70 percent rating from November 3, 2011 through April 14, 2014. A remand is required to determine if the Veteran should receive a higher rating of 70 percent for PTSD from April 15, 2014 to October 30, 2016.,A remand is also required to address whether the Veteran should be granted a TDIU prior to March 4, 2015.

The Board has remanded the claims for service connection for COPD and an acquired psychiatric disorder, including as secondary to COPD. Additional development is needed, such as obtaining medical records and a VA opinion on the nature and etiology of COPD.

The Board has denied service connection for COPD and remanded the issues of service connection for glaucoma and sleep apnea. The Veteran's COPD claim is not supported by evidence showing a current disability, while his claims for glaucoma and sleep apnea are remanded due to insufficient medical opinions.

The Board denied the Veteran's claims for service connection for hypertension, COPD, and myocardial infarction, finding no evidence of herbicide exposure or a link between these conditions and his military service.

The Veteran's lung cancer residuals and related respiratory issues are rated at 30 percent prior to December 18, 2015. The Board has remanded for further evaluation of the Veteran's right lower extremity peripheral neuropathy and polycythemia vera.

The Board has remanded several issues related to the Veteran's service connection claims due to outstanding VA treatment records and updated SSA records. The Veteran's substance abuse and CAD are also being reviewed for secondary service connection.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's lung condition and service, including exposure to toxic chemicals and/or Agent Orange.

The Veteran's death was not caused by a service-connected disability, and the Appellant did not meet the income requirements for improved death pension benefits.