COPD decisions — 2023

The Board denied the Veteran's claim for service connection for a respiratory disability, including COPD, as it was not shown to be related to his in-service exposure to asbestos or Camp Lejeune contaminated water. The Board found that the Veteran had intermittently smoked and did not have other risk factors for COPD.

The Veteran's service-connected disabilities, including COPD and duodenal ulcer, do not render him unemployable as his combined rating is at least 70%.

The Veteran's respiratory condition, including COPD and asthma, is remanded due to failure to satisfy a statutory or regulatory duty to determine all of his exposures during service. A TERA examination must be performed.

The Board has identified a pre-decisional duty to assist error due to the failure to obtain a TERA examination and relevant private medical records, which are required for proper adjudication of the Veteran's claim of service connection for COPD.

The Board has remanded the claims for service connection for COPD, peripheral neuropathy of the hands and feet due to presumed exposure to herbicide agents or as secondary to service-connected disability. The VA is required to obtain a records-based examination to address whether the Veteran's COPD was caused by his service-connected CAD or diabetes mellitus, and whether he had diabetic peripheral neuropathy during the claim period prior to his death.

The Veteran's OSA with COPD was denied increased ratings, as his symptoms did not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection for a low back disability and respiratory disabilities, finding that there is insufficient evidence to support these claims. The appeal regarding neurological tics was remanded.,Service connection will be granted if the medical evidence shows a current disability that is related to in-service injury or disease.

The Board denied the Veteran's claim for service connection of COPD, finding that there was no evidence to support a causal link between his in-service exposure and current condition. The VA examiners' opinions were considered more persuasive than those from private physicians.

The Board denied the Veteran's claim for service connection of COPD, finding that there was no evidence to support a link between his current respiratory disorder and his military service.

The Board has remanded the claims for service connection for various lung conditions, atrial fibrillation, squamous cell carcinoma, lymphosarcoma, and lung cancer due to incomplete records and the need for medical opinions regarding their etiology.

The Veteran's respiratory disability, diagnosed as COPD, is granted service connection.,His diabetes mellitus, type II, secondary to his service-connected hepatitis C, is also granted.

The Veteran's service-connected disabilities, including obesity and PTSD, are found to be the cause or aggravation of his CHF. The Board has granted service connection for CHF secondary to these conditions. Additionally, the Veteran is granted a TDIU rating due to his service-connected disabilities preventing him from securing and following substantially gainful employment. The claims for GERD and COPD secondary to CHF are remanded.

The Board has remanded the claims for service connection for COPD due to insufficient medical opinion regarding its relationship to active service. The other issues remain denied as there is no current diagnosis of a back disability or bilateral foot disability.

The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, COPD, low back pain, and lower extremity neuropathy are remanded due to duty-to-assist errors.

The Board has dismissed the appeals for chronic obstructive pulmonary disease and cystic acne vulgaris due to the death of the appellant.

The Board has remanded the case due to a lack of an examination and medical opinion regarding the etiology of the Veteran's respiratory conditions, specifically COPD. The Veteran is also granted new and material evidence for his claim of service connection for COPD.

The Veteran's respiratory disorder, including COPD, is considered a presumptively service-connected condition due to exposure to burn pits during his military service in the Southwest Asia Theater. The claim for service connection has been granted.

The Board has granted service connection for the Veteran's respiratory disorder, finding that his symptoms are related to his military service and resolving all doubt in favor of the Veteran.

The Board has remanded the case due to the Veteran's claim for service connection for residuals of asbestos exposure, including asbestosis, COPD, and oral cancer. The AOJ needs to determine if the Veteran was exposed to TERA during his military service and provide a TERA examination.

The Veteran's TDIU claim is granted effective September 6, 2016.,Service connection for fibromyalgia, low back disability, neck disability, shoulder disability, lung disability to include COPD, and obstructive sleep apnea (OSA) are remanded.