COPD decisions — 2021

The Veteran's COPD is being remanded for a medical opinion to determine if it was aggravated by his service-connected ischemic heart disease.

The Veteran's lung scarring with calcified pleural plaques required daily inhalational bronchodilator therapy or inhalational anti-inflammatory medication from August 24, 2015 to June 27, 2017. During this period, he did not require at least monthly visits to a physician for care of exacerbations, intermittent courses of systemic corticosteroids, or outpatient oxygen therapy.

Service connection for COPD is granted.,Service connection for a genitourinary disability, other than a prostate disability, erectile dysfunction (ED), retrograde ejaculation, or a voiding dysfunction, and to include as secondary to a transurethral resection of the prostate (TURP) is denied. Service connection for a prostate disability, other than a voiding dysfunction and ED, to include as secondary to a TURP, is remanded.

Your appeals for service connection for stroke, colon cancer, chronic obstructive pulmonary disease, and peripheral artery disease have been dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these claims as they are now pending.

The Board has granted service connection for bladder cancer and hypothyroidism/thyroid cancer, both presumed to be caused by exposure to herbicide agents during service in Vietnam. Service connection for COPD is denied.

The Board has determined that the Veteran's claims for service connection for COPD and sleep apnea are remanded due to incomplete records, including VA treatment records from South Dakota, Louisiana, Texas, and private hospitals in Texas. The Veteran testified about his exposure to chemicals during service and symptoms of breathing difficulties and sleep apnea while in service.

The Board has determined that the Veteran's in-service exposure to dust storms, smoke from burning trash or feces, and exhaust fumes resulted in the development of COPD. Therefore, service connection for COPD is granted.

The Veteran's claim for service connection for a lower back disorder is granted. The claim for service connection for a respiratory disorder (previously claimed as COPD) is denied.

The Veteran's claims for increased ratings for subglottic stenosis of the larynx and allergic rhinitis are remanded due to deficiencies in the development process.

The Veteran's claims for service connection have been remanded due to the need for further development and medical opinions regarding his claimed conditions.

The Board has remanded the case due to a need for additional development, including obtaining private treatment records and providing an opinion on whether any diagnosed respiratory disorder is related to service.

The Veteran's service connection claim for a respiratory disorder, including bronchiectasis and COPD, is denied as there is no evidence of in-service exposure to herbicide agents or asbestos that would support the claimed conditions.

The Board denied service connection for bilateral hearing loss, COPD, OSA, and RLS, finding that the evidence did not support a link between these conditions and active duty service.

The Board denied the Veteran's claim for an earlier effective date, finding that there was no evidence of a need for regular aid and attendance prior to September 17, 2013. The decision is based on the Veteran's testimony and medical records indicating periods of assistance but not a consistent need.

The Veteran's asthma with COPD was rated at 30 percent prior to July 2, 2021 and at 60 percent thereafter. The appeal for higher ratings is denied.,The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence showing exposure to herbicide agents or other conditions during service, and concluded that lung cancer was not a contributory cause of death.

The Board has found that the VA examiner's opinion is inadequate and requires a new medical opinion to determine if the Veteran's COPD is related to service, including in-service asbestos exposure.

The Veteran's service-connected residuals of a left upper lobectomy, previously service connected as lung cancer status post left upper lobectomy, are granted at a 100% disability rating from April 1, 2021. Additionally, the Veteran is granted special monthly compensation (SMC) at the housebound rate effective April 1, 2021.

The Veteran's request to reopen his claim of service connection for COPD is granted. The Board finds that a remand is needed to obtain additional medical records and conduct further examination.

The Board has decided to remand the case due to lack of substantial compliance with prior directives and insufficient rationale for the VA examiner's opinion.