COPD decisions — 2023

The Veteran's service-connected disabilities, including asthma with chronic bronchitis and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since January 13, 2022.

The Board has remanded the case due to incomplete records and inadequate opinions. The Veteran's respiratory disabilities, including asthma, bronchitis, and COPD, are being reviewed for service connection. Additionally, a determination is needed on whether these conditions clearly and unmistakably preexisted service.

The Board has remanded the claim for further medical evaluation and opinion to determine if any current respiratory conditions are related to service, including exposure to asbestos or smoking.

The Board denied the Veteran's claims for service connection of COPD and TDIU due to PTSD. The evidence did not support a finding that COPD began during active service or was related to an in-service injury or disease, nor did it establish direct service connection. The Board also found no compelling reason to grant a TDIU rating based on the Veteran's PTSD.

The Board denied service connection for a respiratory disorder (COPD and dyspnea) and a skin disorder, both claimed as due to herbicide exposure. The evidence did not support the Veteran's claims of direct service connection.

The Board has reopened the Veteran's claims for service connection for left lower lobe lung nodule, bronchitis, COPD, and bronchiectasis due to new evidence. The case is remanded for further development including obtaining VA treatment records and scheduling a VA examination.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding the nature and etiology of his respiratory disorders, heart disorders, and atrial fibrillation. The issues have been returned to the Board for further adjudication.

The Veteran's claims for PTSD, bilateral hearing loss, diabetes mellitus type II, hypertension, heart condition, and COPD are remanded due to the need to verify service-connected stressors, assess in-service exposure to asbestos and lead, and obtain medical opinions on the relationship between these conditions and military service.

The Veteran's application to reopen a previously denied claim for service connection for a lung condition is granted. The right knee disability and right knee scars are remanded for further evaluation.

The Board has remanded the claims for service connection for OSA and respiratory disorders due to inadequate opinions on causation and aggravation by service-connected disabilities, including bilateral hearing loss and tinnitus.

The Veteran's migraine headaches are not related to his service, as the evidence does not support a finding that they began during service or are otherwise linked to an in-service injury or disease.,Bilateral hearing loss is not shown to have had its onset during service or within one year of separation from active duty. The Veteran did not report any hearing issues during service and there is no evidence of noise exposure related to his military duties.

The Board has remanded the claims for COPD, thrombocutaneous platelet disorder (thrombocytopenia), Barrett's esophagus, and gastroesophageal reflux disease (GERD) due to presumed exposure to herbicide agents. The VA is instructed to verify the Veteran's asbestos exposure and obtain new opinions regarding the relationship of these conditions to service-connected atherosclerotic cardiovascular disease.

The Veteran's onychomycosis of the feet is granted as service-connected due to presumed herbicide exposure in Vietnam.,Service connection for COPD and obstructive sleep apnea are denied, with no current evidence linking these conditions to service or presumptive exposure to herbicides.,The Veteran's obstructive sleep apnea is not related to his service, including presumed herbicide exposure.

The Board has denied service connection for chronic mycotic infections of the right and left feet, finding that there is no evidence in the record to support a nexus between these conditions and active service.,Service connection for low back disorder, respiratory disability (including asthma and COPD), erectile dysfunction associated with low back disorder, and sciatic radicular pain and weakness of the legs are remanded due to insufficient development and examination.

The Board denied the Veteran's claims for service connection for a respiratory condition, asbestosis, asthma, and COPD due to lack of evidence supporting these conditions were incurred or aggravated by military service.

The Board denied service connection for COPD, finding that the evidence does not support a relationship between the Veteran's diagnosis and his in-service exposure to herbicides.

The Board has remanded the cases of service connection for sleep apnea syndrome and an initial compensable rating prior to March 3, 2022, and in excess of 10 percent thereafter for COPD due to incomplete records and need for new medical opinions.

The Veteran's COPD is found to be directly related to his in-service exposure to burn pit toxins, and service connection for COPD is granted.

The Board has remanded the case due to conflicting evidence regarding whether the Veteran's COPD was caused by his herbicide exposure during service. The cause of death determination is also pending.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities alone, without considering her non-service-connected impairments, were sufficient for requiring regular aid and attendance. The VA will need to provide a retrospective opinion from an examiner.