COPD decisions — 2022

The Board has decided to remand the case due to insufficient development of evidence regarding the Veteran's respiratory disability, specifically his treatment in 1962 for bronchitis and subsequent bronchial drainage. The case will be returned to the AOJ for further examination and opinion.

The Veteran's appeals for COPD, bilateral shoulder conditions, Peyronie's disease, skin cancer, right heel disability, peripheral artery disease of the bilateral lower extremities, entitlement to a compensable rating for residuals of a rib fracture, and earlier effective date prior to February 28, 2013 for the award of service connection for a rib fracture residual were dismissed. The Veteran's esophageal stricture was granted with a 50% disability rating. Service connection for coronary artery disease, osteoarthritis of the right wrist, and bilateral knees was also granted.

The Board has granted service connection for COPD, heart disability, and pulmonary hypertension as secondary to the Veteran's service-connected asbestosis.

The Veteran's appeal for a compensable rating for COPD/residuals of surgery for lung cancer is denied. The case is remanded for further action on the service connection claim for hypertension.

The Board denied service connection for COPD due to lack of evidence linking the condition to active service, including exposure to contaminated water at Camp Lejeune. Service connection for vascular dementia was dismissed as it is part and parcel of a previously granted service-connected anxiety disorder with panic attacks, depression, sleep disturbance, and cognitive impairment.

The Veteran's service connection claim for a respiratory disorder is denied as there is no evidence of in-service incurrence or aggravation, and the current condition is not related to his active duty service.

The Board has decided to remand the case due to inadequate development and need for a new VA medical opinion regarding the Veteran's respiratory disability, including COPD and emphysema.

The Veteran's respiratory disability is not service-connected, and his TDIU claim is granted due to multiple service-connected disabilities preventing him from working.

The Veteran's appeal for an increased rating for falciparum malaria was dismissed. The appeals for increased ratings for COPD and PTSD were remanded, while the TDIU claim is also being remanded.

The Board has remanded the cases of an increased rating for asthma and entitlement to TDIU due to the inextricability of these issues with the service connection claim for COPD. The claims will be deferred until a final decision is made on the COPD claim.

The Board has remanded the Veteran's claims for COPD and asthma, GERD, and hypertension due to potential service connection issues. The Veteran is seeking service connection for these conditions based on military service or herbicide exposure.

The Board has remanded the case due to conflicting opinions regarding the Veteran's lung disability, including whether it is related to service and/or asbestos exposure. The examiner must provide a clear opinion on the etiology of the Veteran's respiratory conditions.

The Board has determined that the Veteran's service-connected disabilities require him to be in need of regular and attendance of another person, warranting entitlement to special monthly compensation based on aid and attendance.

The Board has found that the evidence does not support a finding of service connection for an acquired psychiatric disorder, including bipolar disorder.,The Board has also found that the evidence does not support a finding of service connection for hypertension, BPH, skin cancer, or COPD due to herbicide exposure.

The Board has found that the medical opinions obtained by the AOJ are inadequate for adjudicative purposes and therefore, a further remand is necessary to allow the Veteran to fully develop his claims.

The Board has remanded the issue of whether the Veteran's sleep apnea is related to service-connected chronic obstructive pulmonary disease and asthma, or if it is a separate condition.

The Board has remanded the Veteran's claims for service connection due to incomplete military personnel records and a need for further development regarding asbestos exposure. The claims will be reviewed again with these additional pieces of evidence.

The Veteran's claim for service connection for COPD was denied due to lack of evidence linking the condition to his military service or a service-connected disability. The claim for TDIU was granted, and the issue of rating in excess of 60 percent for asbestosis is remanded.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, and respiratory disability (COPD) based on the Veteran's credible reports of in-service injuries and subsequent symptoms.

The Board has remanded the Veteran's claims for additional development due to insufficient compliance with prior remand instructions and incomplete opinions regarding service connection.