COPD decisions — 2023

The Board denied service connection for brain abscess, COPD, hepatic abscess (claimed as abscess liver), and hepatic vein thrombosis (claimed as blood clots) due to lack of a causal relationship between these conditions and the Veteran's service-connected major depressive disorder and obsessive-compulsive disorder.

The Board has remanded the claims for service connection due to errors in obtaining relevant medical records and verifying the Veteran's toxic exposure, particularly his asbestos exposure. The Veteran is also seeking service connection for COPD as secondary to his asbestosis.

The Board has remanded the case due to incomplete medical opinions regarding the Veteran's cause of death and service connection for dependency and indemnity compensation under 38 U.S.C. § 1318.

The Veteran's service connection claim for COPD is granted due to exposure to burn pits during active duty in Southwest Asia. The claim for bronchitis is denied as there is no current diagnosis of the condition. The claim for an increased rating for major depressive disorder is denied as a matter of law due to failure to attend a VA examination.

The Veteran's asthma and COPD are presumed to be due to exposure to fine particulate matter in the Persian Gulf War. Service connection for these conditions is granted from August 5, 2021. The low back disability, left shoulder disability, and right shoulder disability remain pending for resolution.

The Veteran's hypertension is found to be secondary to his service-connected coronary artery disease (CAD). The appeal for a rating in excess of 20 percent for cervical degenerative disc disease has been withdrawn. Service connection for infertility as due to radiation exposure is remanded.

The Veteran's appeal for an earlier effective date for service connection for depression and sleep disorder is denied. Service connection for COPD, as a presumptive condition under the PACT Act, is granted. The claims for service connection for COPD and low back disorder are remanded.

The Board has granted service connection for COPD, but has remanded the issue of service connection for a respiratory condition other than COPD, to include emphysema.

The Veteran's respiratory disability, including chronic obstructive pulmonary disease and emphysema, is being remanded for further examination and consideration due to a duty to assist error.

The Veteran's respiratory disability, including chronic obstructive pulmonary disease and emphysema, is being remanded for further examination and consideration due to a duty to assist error.

The Veteran's service-connected asthma and COPD do not meet the schedular criteria for a TDIU, but there is a reasonable possibility that he may be unemployable due to these disabilities. The case is being remanded for referral of this claim for extraschedular consideration.

The Board has determined that additional evidence was received after the issuance of the Statement of the Case (SOC) and requires further review by the AOJ. The claims for service connection are being remanded to allow for this additional consideration.

The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus was dismissed as the Veteran withdrew his claim prior to the promulgation of a decision.,The petition to reopen the claim for service connection for asthma and/or COPD is granted, but the petition to reopen the claim for service connection for obstructive sleep apnea is denied. The low back disability claim is also denied.

The Veteran's spouse is appealing for a total disability evaluation based on individual unemployability due to service-connected disabilities. The issues of service connection for COPD, hypertension, OSA, and ASHD (CHF) are pending in another case docketed under Docket Number 190604-210513. The TDIU claim is remanded as the combined disability evaluation remains below the threshold for extraschedular consideration.

Service connection for COPD is denied. The Veteran does not have a current diagnosis of COPD.,PTSD with depressive disorder was granted at a 70% rating prior to December 22, 2020, but the claim for a higher rating remains pending.

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

The Board has remanded the case due to a lack of an adequate VA examination regarding service connection for COPD. The Veteran's claim will be reconsidered with a new examination and opinion.

The Board has remanded the claims for service connection due to a duty-to-assist error, requiring VA examinations and medical opinions regarding the Veteran's claimed conditions.

The Veteran is granted TDIU for his service-connected PTSD from March 15, 2018, to March 17, 2021. SMC at the housebound rate is also granted as of September 1, 2023.

The Veteran's service connection claims for COPD, OSA, bilateral hearing loss, tinnitus, CAD, and hypertension are all granted.,Service connection is also granted for right knee disability.