COPD decisions — 2022

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address significant medical evidence concerning whether the Veteran may require daily assistance to complete an ADL or a need for supervision, protection, or instruction. The matter is remanded for further review.

The Veteran's service-connected disabilities, including asbestosis and related respiratory conditions, have rendered him unable to secure or maintain substantially gainful employment since October 22, 2012. The Board has granted a total disability rating based on individual unemployability (TDIU) effective from October 22, 2012.

The Veteran's cause of death is presumed to have resulted from in-service exposure to burn pits and other toxic substances, granted service connection for the cause of death.

The Veteran's respiratory disability was rated at 30 percent beginning December 18, 2015. The Board found that the evidence did not support a higher rating prior to this date.

The Board has remanded the case due to inadequate VA examination and need for further clarification on the relationship between asthma, hay fever, and other respiratory disorders. The Veteran's claim will be reconsidered with a new examination.

The Board has determined that the previous opinions are inadequate and remands the case for further development to determine the nature and etiology of any respiratory condition(s) attributable to the Veteran's service.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment, despite failing to meet the threshold percentage requirements for consideration of a schedular TDIU.

The Board has restored the Veteran's right lung spontaneous pneumothorax disability rating from zero percent to 100 percent effective April 1, 2022. The Board also granted service connection for COPD and Emphysema as secondary to his service-connected psychiatric disability.

The Veteran's appeal for service connection of asthma, chronic obstructive pulmonary disease, chronic bronchitis, and restrictive lung disease was dismissed due to the Veteran's death. The claim is now closed as there are no surviving claimants eligible for substitution.

The Board has granted service connection for the cause of the Veteran's death, attributing it to his diabetes mellitus, type II, which is presumed due to herbicide agent exposure. The Board found that the diabetes mellitus, type II, caused or aggravated his congestive heart failure.

The appeal for service connection of COPD has been dismissed due to the Veteran's death.

The Board denied service connection for COPD and the cause of death due to COPD, finding that there was no evidence linking COPD to active duty service.,The Veteran passed away from COPD, but he was not service connected for anxiety or COPD at the time of his death.

The Board has decided that the Veteran's COPD may be related to his service, including exposure to burn pits during his time in Vietnam. However, due to a pre-decisional duty to assist error, the case is being remanded for further evaluation.

The Board has determined that the remand was not fully complied with and thus requires another remand to obtain addendum opinions from a VA examiner regarding the Veteran's knee disability, its impact on his death-related conditions, and the relationship between his military service and his disabilities.

The Board has remanded the cases due to non-compliance with previous directives and inextricably intertwined issues. The Veteran's service-connected PTSD is being evaluated for its potential impact on tobacco use disorder, which could affect COPD.

The Board has remanded the case due to lack of substantial compliance with a previous remand, specifically regarding the respiratory disability claim. The examiner is asked to consider in-service complaints and treatment records when determining if the current diagnoses are related to service.

The Veteran's appeal for service connection and increased ratings has been dismissed due to the withdrawal of his attorneys' representation.

The Veteran's chronic obstructive pulmonary disease is related to his in-service exposure to toxic hazards while on active military service in Saudi Arabia from December 1990 to April 1991, and granted pursuant to the PACT Act.

The Board has remanded the cases for additional development due to incomplete records and need for further medical opinions regarding the etiology of the Veteran's aortic aneurysm. Service connection is granted for hypertension, but the claims for high cholesterol, aortic aneurysm, and COPD remain pending.

The Veteran's arrhythmia, bruxism, COPD, right hip condition, left hip condition, left knee injury, obesity, traumatic brain injury, and vertigo have not been found to be related to service.,PTSD with major depressive disorder has resulted in a rating of 70 percent but the Veteran is still considered unemployable due to his service-connected disabilities.