COPD decisions — 2023

The Veteran's claim for service connection for COPD is reopened, and the case is remanded for further evaluation. The cases for initial compensable ratings for scars associated with esophageal cancer are also remanded.

The Veteran's pneumothorax residuals are granted a 10 percent disability rating, but COPD service connection is remanded for further development.

The Veteran's appeal is being remanded for further development on multiple issues, including service connection for asthma and COPD, the propriety of a reduction in evaluation for neck disability, increased ratings for radiculopathy, left shoulder strain, and right ankle disability, and TDIU.

The Veteran's bilateral hearing loss is not rated compensably, as his current hearing levels do not meet the criteria for a higher rating.,Service connection for COPD due to asbestos exposure is denied because there is no evidence of in-service exposure and the condition is more likely related to smoking than service.,Coronary artery disease claimed as due to herbicide agent exposure is denied, with the opinion stating that the Veteran's COPD was not caused by his service-connected asbestos-related COPD.,Service connection for diabetes mellitus, type II, claimed as due to herbicide agent exposure is denied because there is no evidence of in-service exposure and the condition is more likely related to smoking than service.,Transient ischemic attack (TIA), claimed as due to herbicide agent exposure, is denied with the opinion stating that the Veteran's COPD was not caused by his service-connected asbestos-related COPD.

The Board denied the Veteran's claims for service connection for a respiratory disability, including asthma and COPD, and also denied his claim for TDIU due to multiple service-connected disabilities.

The Veteran's claim for an increased rating in excess of 10 percent for COPD is being remanded due to the need for a more contemporaneous examination and the availability of outstanding private treatment records.

The Board has remanded the Veteran's claims for COPD, bronchitis, sinusitis, and OSA due to inadequate examination opinions regarding herbicide exposure. The examiner must provide an opinion on whether each condition is related to service, including in-service herbicide exposure.

The Board has remanded the case due to insufficient nexus opinions regarding the Veteran's COPD and exposure to herbicide agents. A VA examination is needed to address these issues.

The Board denied service connection for COPD, including as due to asbestos and/or herbicide exposure, finding that the condition did not arise during or as a result of active duty service.

The Board has remanded the claim for further evidentiary development, including obtaining medical opinions on the relationship between in-service asbestos exposure and causes of death, as well as the relationship between in-service herbicide agent exposure and COPD.

The Board has granted service connection for diabetes mellitus, type II due to Agent Orange exposure under the PACT Act. Service connection for chronic obstructive pulmonary disease was denied.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's cause of death was caused or worsened by VA treatment, specifically his June 2016 treatment for unintentional weight loss, shortness of breath, and weakness.

The Veteran's claims for service connection for chronic fatigue syndrome, COPD, and peripheral neuropathy of all four extremities are remanded due to the need for additional evidence regarding his exposure to herbicide agents during service.

The Board has remanded the cases for additional development to determine if the Veteran's COPD and OSA are related to service, including any in-service treatment.

The Veteran's petition to reopen his claim for service connection for gastroesophageal reflux disease was granted, and he is now service-connected for this condition. The appeals for service connection for bilateral plantar fasciitis, chronic obstructive pulmonary disease, and an acquired psychiatric disability are remanded.

The Veteran's service connection claim for PTSD is granted. The claims for asthma, COPD, emphysema, and obstructive sleep apnea are remanded due to inadequate VA opinions.

The Board has remanded the case due to insufficient evidence regarding the Veteran's pulmonary condition, including his service connection for a pulmonary condition. An additional VA examination and opinion are necessary to address the etiology of the Veteran's conditions in light of his military service, exposure to herbicides, contaminants from his occupational duties as a weapons mechanic, and toxic exposures at Carswell Air Force Base.

The Board has denied the Veteran's claims for service connection for respiratory disorders, non-small cell lung cancer, and colon cancer due to lack of evidence linking these conditions to his active duty service.

The Board has remanded the case due to inadequate examinations and failure to address the Veteran's lay statements regarding his respiratory symptoms. The VA must obtain treatment records, verify asbestos exposure during service, and provide an addendum opinion considering all relevant evidence.

The Board has remanded the claims for rectal cancer and COPD due to exposure to tactical herbicide agents. The Veteran's federal records from Mike O'Callaghan Military Medical Center, as well as private treatment records, need to be obtained. A VA examination is required to determine if the Veteran's conditions are related to service or aggravated by a service-connected disability.