COPD decisions — 2022

The Veteran's claims for service connection for various conditions have been dismissed as the Veteran withdrew his appeals in July 2022.

The Veteran's asthma, allergic rhinitis, and chronic obstructive pulmonary disease are granted as they are presumed to be related to his service in the Southwest Asia theater of operations. The lower back condition is remanded for further examination.

The Board has decided to remand the case due to a duty to assist error in obtaining an adequate opinion regarding whether the Veteran's respiratory disability had its onset in service or is otherwise related to service. The claim will be reconsidered with this issue addressed.

The Board has granted service connection for sinusitis, allergic rhinitis, asthma, and COPD, finding that these conditions are related to the Veteran's active duty service due to exposure to Agent Orange.

The Veteran's claim for an earlier effective date for the initial grant of service connection for coronary artery disease (CAD) is denied. The Board found that the September 1997 claim did not reasonably encompass a claim for CAD, and therefore, VA did not receive a valid claim prior to August 31, 2010.

The Veteran's claim for service connection for COPD and an acquired psychiatric disorder, including PTSD and MDD, is denied as the evidence does not support a link between her current conditions and her military service.

The Veteran's respiratory condition, including bronchitis, COPD, and/or asthma, is currently on appeal. The Board has remanded the case to obtain an addendum opinion from a VA medical professional regarding the likelihood of a connection between the Veteran's presumed exposure to toxic herbicides in service and his development of a respiratory condition.

The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence to support a relationship between his current COPD and his military service, including any herbicide agent exposure.

The Veteran's right wrist osteoarthritis, degenerative arthritis of the thoracolumbar spine, and COPD are all granted as service connected.,The Veteran's bilateral lower extremity radiculopathy is also granted as secondary to his service-connected back disability.

The Board found that the Veteran's cause of death (hypertensive heart disease, heart failure, COPD, and pacemaker) was not related to service or any service-connected disability. The evidence did not show a link between these conditions and active duty.

The Veteran's appeal for TDIU has been withdrawn and is dismissed as the Veteran requested a withdrawal of this appeal prior to the promulgation of a decision.

The Board has remanded the case due to insufficient evidence regarding the Veteran's unemployability prior to May 15, 2013. The Director of Compensation Service will determine if an extraschedular TDIU is warranted.

The Veteran's appeal for SMC based on need for aid and attendance was granted. The appeal regarding TDIU from May 27, 2009 to September 18, 2011 was granted. The appeal regarding an effective date prior to September 19, 2011 for the grant of a 100 percent disability rating for service-connected COPD with asthma and residual status post broken ribs is dismissed.

The Veteran's COPD is related to his diagnosis of chronic bronchitis during service, and the Board has granted service connection for COPD.

The Veteran's appeal for COPD and his right shoulder disability have been dismissed as he has withdrawn the appeals through his attorney.

The Board has decided to remand the case due to insufficient reasoning in the previous medical opinion and the need for a new addendum opinion addressing whether the Veteran's service-connected respiratory conditions could cause or aggravate his COPD.

The Board has remanded the Veteran's claims for COPD, tinnitus, lower back condition, and peripheral neuropathy of bilateral lower extremities due to service connection. The appeals are remanded because there is insufficient evidence regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for tinnitus, hypertension (HTN), chronic obstructive pulmonary disease (COPD), a traumatic chest wall defect, status post closed pneumothorax, and hemorrhoids due to incomplete development of records.

The Board dismissed the appeals for service connection of COPD, emphysema, a sleeping disorder (OSA), and hypertension due to the death of the Appellant.

The Board has determined that the Veteran's respiratory disability, including restrictive lung disease and COPD, is related to his military service due to exposure to hazardous chemicals. As such, the claim for service connection is granted.