COPD decisions — 2021

The Board has remanded the case due to conflicting opinions regarding the Veteran's respiratory disorders, specifically asbestosis, asthma, and COPD. The AOJ must complete efforts to determine the extent of the Veteran's exposure to asbestos during service and obtain an addendum opinion from a VA examiner.

The Veteran's claims for service connection of various conditions have been denied. The Board found no evidence to support a finding that any of these conditions were incurred or aggravated by military service.

The Veteran's service-connected COPD and bilateral knee disabilities are found to be at least as likely as not a cause for why the Veteran required assistance with activities of daily living. The VA has made errors in obtaining relevant medical records, and thus remand is necessary to obtain these records and provide an addendum opinion.

The Veteran's service-connected COPD and bilateral knee disabilities are found to be at least as likely as not a cause for why the Veteran required assistance with activities of daily living. The VA has made errors in obtaining relevant medical records, and thus remand is necessary to obtain these records and provide an addendum opinion.

The Veteran's claim for bilateral hearing loss was reopened due to the submission of relevant new evidence, and service connection is granted.,The Veteran's claims for respiratory disability (COPD) and cervical spine disability were also reopened due to the submission of relevant new evidence, and service connection is granted.

The Board has readjudicated the Veteran's claims for service connection for bilateral hearing loss, respiratory disability to include COPD, and cervical spine disability due to new and relevant evidence submitted after previous denials. The claim is granted in part.

The Veteran's COPD, caused by Agent Orange exposure during service, was found to be a contributory cause of his death from respiratory failure. As the evidence is in equipoise regarding the etiology of COPD and its contribution to death, service connection for the cause of death is granted.

The Board denied service connection for the cause of death due to bronchitis, pulmonary fibrosis, and COPD as these conditions are not related to service or service-connected disabilities.

The Veteran's appeals for service connection for various conditions have been dismissed. The Board found that the Veteran withdrew his claims, and a new examination is needed to determine if any left ankle disability is related to military service.

The Board denied the Veteran's claim for SMC based on the need for aid and attendance due to his service-connected disabilities, finding that he does not meet the criteria for regular aid and attendance.

The Veteran's claim for an effective date prior to December 28, 2016 for service connection for COPD with sleep apnea was denied. The Veteran's PTSD is now rated at 100% since August 30, 2015. Service connection for migraines is granted as secondary to PTSD.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's respiratory conditions and their relation to service.

The Board has found that there has not been substantial compliance with the remand requests and has therefore remanded both claims of service connection for a pulmonary disability due to asbestos exposure, and TDIU prior to March 1, 2016. The case is being returned for further development.

The Veteran's service connection for OSA and TDIU prior to November 3, 2016 is denied as there is no evidence of a direct link between his service-connected asthma with COPD and the development or worsening of OSA. The Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected chronic cough with interstitial lung disease, which is due to an inhalation injury, qualifies for a special home adaptation grant.

The Veteran's peptic ulcer was granted a 20% rating. The claims for service connection for allergies, bronchitis, COPD, and GERD were all denied.

The Veteran's COPD, emphysema, and interstitial lung disease are related to exposure to asbestos in service. Service connection for these conditions is granted.

The Board denied the Veteran's claim to reopen his service connection for COPD, finding that new and material evidence was not presented. The evidence did not establish a link between the Veteran's burn pit exposure during service and his current COPD.

The Veteran was granted service connection for an unspecified depressive disorder, hypertension, obstructive sleep apnea, congestive heart failure, COPD, type II diabetes mellitus, and chronic kidney disease.,Service connection was also granted for the cause of the Veteran's death due to acute congestive heart failure, with type II diabetes mellitus as a significant condition contributing to death.

The Board has remanded the Veteran's claims for service connection and rating of his bilateral elbow disability, hypertension, respiratory disorder (including asthma, chronic bronchitis, or COPD), right knee degenerative joint disease, left knee degenerative joint disease, and bilateral hearing loss due to COVID-19 concerns.