COPD decisions — 2022

The Veteran's service-connected COPD requires the need for regular aid and attendance of another person, which has been granted SMC based on this condition.

The Veteran's service-connected disabilities have rendered her unable to obtain and maintain substantially gainful employment, leading to a TDIU. She also requires aid and attendance due to her service-connected conditions, resulting in SMC based on need for aid and attendance.

The Board has remanded the Veteran's claim for service connection for COPD, which is secondary to his service-connected interstitial lung disease. The case will be reviewed again with a new medical opinion.

The Board has remanded the claims for hemorrhoid with hemorrhoidectomy, right hip condition, COPD, congestive heart failure, neuropathy left and right legs and feet, back condition, diabetes mellitus type 2, and hypertension due to incomplete service records.

The Board has granted service connection for chronic obstructive pulmonary disease (COPD), finding that the Veteran's COPD had its onset in service, which began as pneumonia and subsequent breathing issues exacerbated by exposure to wood dust and hazards. The decision resolves reasonable doubt in favor of the Veteran.

The Board has remanded the claims for further development due to insufficient evidence. The COPD claim is denied as there is no persuasive evidence that it was incurred in service, including herbicide exposure. The skin disease of the lower extremities claim requires a VA examiner's opinion on its etiology.

The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.

The Veteran withdrew his appeal for service connection for COPD before the Board could make a decision.

The Veteran's appeal is remanded due to duty-to-assist errors and the need for additional medical opinions regarding his respiratory disability.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and COPD. The Board found that there was no evidence of a nexus between the current conditions and service.

The Board has determined that the Veteran's current respiratory disability, including COPD, asthma, and chronic bronchitis, is causally related to his active service exposure to burn pits during his time in Vietnam. As a result, service connection for these conditions is granted.

The Board has remanded the claims for service connection due to procedural issues and the need for additional medical examinations. The effective date of service connection remains August 25, 2016.

The Board has determined that the VA examination is inadequate and additional development is needed to adjudicate these claims, particularly regarding service connection for allergic rhinitis, asthma, and COPD. The Veteran's exposure to toxic chemicals at Fort Dix may also be relevant.

The Board has granted service connection for COPD, bilateral hearing loss, tinnitus, and degenerative arthritis of the cervical spine. The claims are based on direct evidence rather than a presumption or secondary to another condition.

The Veteran's bilateral knee disabilities and COPD met the schedular requirements for a TDIU prior to August 30, 2018. From October 11, 2020 to April 19, 2022, he had one service-connected disability (COPD) that was equivalent to a 100 percent rating and his remaining service-connected disabilities had a combined rating of 60 percent or greater, qualifying him for SMC based on the need for aid and attendance.

The Veteran withdrew his appeal for service connection of multiple conditions, including back disability, neck disability, shoulder disabilities, knee disabilities, calf disabilities, and ankle disabilities. The appeal is dismissed as a result.

The Board has decided to remand the cases of service connection for low back disorder, left lower extremity disorder (sciatica), COPD, and sleep apnea due to the need for additional medical examinations.

The Board has remanded the case due to insufficient opinions regarding the etiology of COPD, specifically whether it is related to Agent Orange exposure or service-connected conditions.

The Board has remanded the claims for further development due to the need for additional medical records and examination.

The Board has found that the Veteran's service connection claims for COPD, diverticulosis, headache disability, hypertension, vertigo, and hernia are remanded due to pre-decisional duty to assist errors.