COPD decisions — 2023

The Board has remanded the Veteran's claims for service connection for lumbar spinal stenosis, COPD, sleep apnea, bilateral hearing loss, and tinnitus due to new evidence added to the record.

The Board has granted service connection for tinnitus and COPD, with the latter being granted based on the PACT Act presumption of exposure to burn pits during service. The decision is effective from the date of enactment of the PACT Act.

The Veteran's claim for right ear hearing loss has been dismissed as the Regional Office granted it.,Left ear hearing loss is denied due to lack of current disability.

The Veteran was entitled to payment or reimbursement for medical expenses incurred due to an emergency at a non-VA facility because VA facilities were not feasibly available and he had a permanent and total disability rating.

The Veteran's service connection claim for COPD is reopened, and the Board must consider its merits. A remand is required to obtain a medical opinion regarding the etiology of his diagnosed COPD.

The Board denied service connection for chronic obstructive pulmonary disease, finding that the Veteran's current diagnosis was not incurred during or as a result of his period of active service and did not manifest within a year thereafter. The Board also found no nexus to asbestos and/or herbicide exposure in service.

The Board has remanded the Veteran's claims for service connection for a heart condition and COPD as secondary to his service-connected residuals of poliomyelitis due to inadequate VA opinions.

The Board has granted service connection for coronary artery disease (CAD) as secondary to chronic obstructive pulmonary disease (COPD), finding that the Veteran's COPD aggravated his CAD beyond its natural progression.

The Board has found that new and relevant evidence has been received to readjudicate the claim of service connection for diabetes. The Veteran's testimony during his August 2022 hearing is both new and relevant to the question of service connection for diabetes.

The Veteran's eligibility for PCAFC benefits is remanded due to inadequate medical opinion and insufficient notice under the regulations. The service connection issue remains pending.

The Board has granted service connection for chronic obstructive pulmonary disease, atherosclerotic cardiovascular disease, coronary artery disease, and status post carotid endarterectomy. The decision is based on the Veteran's MOS as a sheet metal worker during service.

The Board has remanded the claims of service connection for COPD, prostate cancer, and diabetes mellitus type II due to insufficient evidence regarding their etiology. The Veteran's exposure to herbicides is also unclear.

The Board has granted service connection for back disability, allergies, sinusitis, headaches, sleep apnea, and COPD. The Veteran's left lower extremity radiculopathy is also found to be related to his now service-connected degenerative arthritis of the lumbar spine.

The Board has denied the Veteran's claims for service connection for erectile dysfunction, peripheral neuropathy of the left and right lower extremities, kidney disorder, and chronic obstructive pulmonary disease. The decision also dismissed his claim for special monthly compensation based on loss of use of a creative organ.

The Board has remanded the case due to conflicting evidence regarding whether the Veteran's COPD and chronic bronchitis are related to service, including presumed exposure to burn pits. The examiner is asked to consider all relevant factors, including the PACT Act presumption of service connection for certain diseases like COPD.

The Board has granted the Veteran's claims for service connection for sleep apnea, chronic obstructive pulmonary disease (COPD), and chronic bronchitis, finding that there is approximately even evidence supporting a relationship to herbicide agent exposure in service.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's COPD, which may be related to his service exposure to herbicides. The case is being remanded for this purpose.

The claim for service connection of a lung disability, to include COPD, is granted. The case is remanded due to the need for additional medical opinion regarding the relationship between the Veteran's current condition and his in-service exposure.

The Veteran's left ankle disability is granted as service connected. The right knee and respiratory disabilities are remanded for further examination and opinion.

The Veteran's lung disabilities, bilateral hearing loss, and tinnitus are now considered related to his active service exposure at Camp Lejeune. The claims for these conditions have been reopened and granted.