COPD decisions — 2022

The Veteran's low back disability and chronic respiratory condition are now service connected. The neck condition is remanded for a VA examination to determine if it is related to the service-connected low back disability.

The Veteran's service-connected disabilities other than major depressive disorder have not caused significant occupational impact which would warrant TDIU prior to September 16, 2019. From September 16, 2019, the grant of a 100 percent rating for major depressive disorder and assignment of SMC renders the issue of entitlement to TDIU moot.

The Veteran's death was not due to service-connected disability, and the appeal for DIC under 38 U.S.C. § 1310 is remanded as additional evidence is needed.

The Veteran's appeals for increased ratings for his right shoulder disability and COPD have been remanded due to insufficient evidence. The current 20% rating for the right shoulder is upheld, while a higher rating for COPD remains denied.

The Board has remanded the Veteran's claims for service connection for allergic rhinitis with nasal polyps and COPD due to new evidence received since previous decisions. The claims are now pending for further examination and opinion.

The Board has granted a TDIU for the period from September 27, 2013 through July 30, 2015 due to service-connected asbestosis with COPD. The issue of a TDIU from July 31, 2015 is dismissed because the Veteran's respiratory disability alone rendered him unemployable.

The Veteran's asthma with COPD is related to service exposures during his time in Vietnam and on the submarine U.S.S. Segundo, and the Board has granted service connection for these conditions.

The Veteran's asbestosis with COPD was granted a disability rating of 30 percent, but no higher, from March 28, 2011 to February 2017. The initial rating period from October 30, 2009 to March 28, 2011 had a rating of 10 percent.

The Board has remanded the case due to insufficient medical opinions regarding service connection for a respiratory disorder other than pleural plaques, including COPD and asthma. The examiner is requested to provide an opinion on whether the Veteran's COPD was aggravated by his service-connected coronary artery bypass graft and/or pleural plaques.

The Board denied service connection for a respiratory condition, including sinusitis, allergic rhinitis, bronchitis, and COPD. For the period prior to May 30, 2002, entitlement to TDIU was also denied. From May 30, 2002, to February 28, 2016, entitlement to extraschedular TDIU was granted.

The Veteran's coronary artery disease, obstructive sleep apnea, and COPD are all found to be secondary to his service-connected asthma. However, the Veteran's hypertension is not established by the evidence of record.

The Board has determined that the Veteran's sleep apnea is related to his service-connected COPD with emphysema, bronchiectasis, and chronic bronchitis. Therefore, service connection for sleep apnea as secondary to service-connected COPD is granted.

The Board has remanded the case due to insufficient rationale in the previous opinion regarding the relationship between the Veteran's diagnosed asthma and his military service, including exposure to jet fuel and fumes.

The Board denied the Veteran's claim for service connection for COPD including emphysema, finding that there was no evidence linking his current condition to in-service asbestos exposure or service-connected pulmonary nodules.

The Board denied a compensable disability rating for service-connected asbestosis, finding that the Veteran's pulmonary function tests did not meet criteria for a compensable rating due to his non-service-connected emphysema and COPD.

The Board has decided to remand the service connection claims for right hip arthritis, tinnitus, COPD, and an acquired psychiatric disability due to outstanding medical records that need to be obtained.

The Board has remanded the issues of service connection for a right knee disorder, sleep apnea, and COPD due to potential errors in the previous decisions.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a respiratory condition, including asthma, COPD, and bronchitis. The issue of entitlement to service connection is remanded due to the need for additional development regarding exposure to asbestos and dusts.

The Board has decided that the VA examiner's opinion regarding service connection for COPD is inadequate and requires further examination by a pulmonologist to address the Veteran's lay statements about in-service exposure.

The Veteran's TDIU claim is dismissed because his service-connected pulmonary vascular disease, COPD, and pulmonary embolisms with pulmonary hypertension have rendered him totally disabled.