COPD decisions — 2021

The Board has remanded the case for further development regarding the Veteran's claims of service connection for COPD and emphysema, including as due to asbestos exposure and/or herbicide exposure. The AOJ is required to verify the Veteran's in-service exposures and provide an opinion on their relationship to his current respiratory disorders.

The Board has granted service connection for an acquired psychiatric disorder, including major depressive disorder, and COPD. The decision is based on the Veteran's in-service exposure to asbestos and his history of depression.

The Veteran's sleep apnea and COPD with bronchial asthma and bronchiectasis are currently rated at 50 percent, which is the maximum rating available under the applicable diagnostic codes. The Board denied a higher rating as the evidence did not support such an increase.

The Veteran's claim for service connection for COPD was reopened due to the submission of new and material evidence. The effective date for this grant is January 28, 2016.,Service connection for headaches has been remanded as there is no indication that a formal or informal claim was filed prior to January 28, 2016.,The Veteran's claims for service connection for breast cancer and diabetes mellitus, type 2 are remanded due to potential exposure to asbestos during service. Addendum opinions will be obtained regarding the relationship between these conditions and service.,Service connection for a right eye cataract is remanded as there is no indication of in-service injury or disease related to this condition.,Service connection for a heart disability, hypertension, and neuropathy of the bilateral upper and lower extremities are all remanded. Addendum opinions will be obtained regarding these conditions.,Service connection for headaches remains remanded due to insufficient evidence on record.,The Veteran's claim for service connection for neuropathy of the bilateral upper and lower extremities is remanded as there is no indication of in-service injury or disease related to this condition.,Service connection for diabetes mellitus, type 2 is remanded as there is no indication of in-service injury or disease related to this condition.,The Veteran's claim for an initial rating higher than 30 percent for headaches remains remanded.

The Board has identified errors in the duty to assist and has remanded the case for a new VA addendum opinion to address the nature and etiology of the Veteran's respiratory disorder, including his claimed service connection.

The Board has decided to remand the case due to inadequate VA opinions and further development is needed. The Veteran's respiratory conditions, including chronic bronchitis, emphysema, COPD, asthma, and pneumonia, are being reviewed for service connection.

The Veteran's death was attributed to community acquired pneumonia and COPD, which the VA determined were not related to his service. The cause of death is believed to be due to his long-term tobacco smoking.

The Board has remanded the claims for service connection due to a lack of records and the need for additional medical opinions. The Veteran's claim for nonservice-connected pension benefits was denied as he did not meet the requirements for active duty during a period of war.

The Veteran's prostate condition and OSA and mild positional sleep apnea are not related to service, including exposure to herbicide agents or asbestos. The right shoulder disability is being remanded for a determination on the etiology of the condition.,COPD was diagnosed during the appeal period but the VA examiner did not provide an opinion regarding its relationship to service-connected Parkinson's disease and/or other conditions. The Veteran's TDIU claim is also being remanded due to inextricably intertwined issues.

The Board has remanded the case due to insufficient reasoning in its decision and the need for a VA medical opinion regarding the relationship between the Veteran's fatal COPD and his service.

The Board has granted service connection for a lung disability including COPD and emphysema status post bilateral lung transplant, osteoporosis secondary to the lung disability, and neuropathy of the right and left lower extremities secondary to the lung disability. The decision is based on evidence showing that these conditions are related to service.

The Board dismissed the appeals for service connection of COPD and sleep apnea due to the appellant's withdrawal of his appeal.

The Board has dismissed the appeals for service connection of asthma and COPD as the appellant died during the appeal process.

The Board has remanded the cases due to insufficient medical opinions addressing the Veteran's service treatment records regarding upper respiratory infections and venereal disease.

The Board has dismissed all appeals for service connection and evaluation as the Veteran died during the appeal process.

The Board dismissed all claims for service connection due to the appellant's death.

The Veteran's claims for service connection for coronary artery heart disease, diabetes mellitus type II, and chronic obstructive pulmonary disease are granted. The claim for service connection for major depressive disorder is remanded. The claim for service connection for hypothyroidism is dismissed as moot.

The Board has denied the Veteran's claim for service connection for soft tissue sarcoma. The remaining claims of service connection for cirrhosis of the liver, skin cancer, neuropathy of the bilateral lower extremities, and COPD are remanded due to inadequate development.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for COPD and heart disorder. The case is now remanded for further development.

The Veteran's appeal was not perfected in a timely manner, as no valid and timely substantive appeal was received within the required timeframe.