COPD decisions — 2022

The Veteran's appeal for a higher rating for asthma with COPD was denied due to the untimely filing of his VA Form 9. The Board also found that there is no earlier effective date prior to August 12, 2015, for the grant of a 60 percent rating.

The Board denied service connection for COPD and bacterial lung infection (claimed as degenerative lung disease) due to a lack of evidence linking these conditions to the Veteran's military service, including exposure to herbicides.

The Veteran's service-connected asthma and COPD are granted due to exposure to burn pits during his service in the Gulf War.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and need for new opinions on etiology. The claims include respiratory disorders, a low back disorder, and hypertension.

The Board has granted service connection for a respiratory disability, including asthma, chronic bronchitis, COPD, and emphysema, based on exposure to second-hand tobacco smoke during active service.

The Veteran's OSA is granted as secondary to his service-connected PTSD. The Board finds that the evidence is evenly balanced as to whether the Veteran's other conditions are related to service, and thus grants them based on this finding.

The Board has remanded the Veteran's claims for service connection for COPD and OSA secondary to PTSD due to a duty to assist error. The VA examiners were not asked about the potential asbestos exposure in relation to COPD, and whether PTSD caused or aggravated obesity which led to OSA.

The Board has determined that the Veteran's COPD is related to asbestos exposure during service and grants his claim for service connection.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and COPD, finding that there is no evidence of a nexus between these conditions and his military service.

The Veteran's service connection claims for systemic lupus erythematosus, COPD, ischemic heart disease, and prostate cancer are being remanded due to the submission of new evidence. The Board will consider the evidence submitted by the Veteran regarding exposure to toxins at Fort Wainwright, Alaska.

The Veteran's COPD rating was reduced from 30% to 10%, effective November 1, 2019. The appeal is granted and the Veteran's rating is restored to 30%. This decision finds that the reduction in rating was improper due to lack of compliance with regulatory provisions.

The Veteran's left knee strain is granted service connection. The issues of COPD and lung cancer are remanded for further development.

The Veteran's appeal is remanded for additional development due to inadequate VA examination in November 2021. The Veteran needs a new VA examination to determine the current level of severity of his service-connected lung disability.

The Board has remanded the claim for a VA examination and medical opinion to determine if the Veteran's claimed respiratory disorders are related to service.

The Board has granted a 100 percent rating for the Veteran's asbestosis and COPD, including his pulmonary hypertension, throughout the appellate period.

The Veteran's lung conditions, including COPD and asthma, are not service-connected due to lack of evidence showing onset or connection to military service, particularly as presumed exposure to Agent Orange. The nodule in the right lower lung is also not service-connected.

The Board has found that the VA addendum opinion is inadequate and requires another remand to determine if the Veteran's respiratory disorders are related to service, including exposure to asbestos.

The Board has remanded the case for an addendum VA opinion to determine if the Veteran's COPD is proximately due to or aggravated by his service-connected ventral hernia.

The Veteran's COPD is granted as service connected. The lung condition (other than COPD) including asthma, needs further examination and opinion.

The Veteran's service connection claims for COPD and bronchiectasis are remanded due to a lack of an examination and etiology opinion regarding the relationship between his current conditions and active duty service, including exposure to herbicide agents.