COPD decisions — 2023

The Veteran's appeal for a higher rating for IBS with GERD was denied, and the issue of service connection for a respiratory condition (including chronic cough, COPD, and bronchitis) is remanded.

The Board has remanded the Veteran's claims for COPD and obstructive sleep apnea, both of which are secondary to his service-connected pulmonary sarcoidosis. The VA examinations did not address whether the conditions were aggravated by the service-connected condition.

The Board has remanded the claims for hypertension, cerebral vascular accident and residuals, and lung disorder (to include COPD) due to deficiencies in the previous decision. A VA medical opinion is needed to address causation or worsening of these conditions related to service.

The Veteran's claims for service connection of various conditions, including lower back disorder, right shoulder disorder, right foot disorder, acquired psychiatric disorder (including PTSD and depression), COPD, hypertension, and sleep apnea have all been denied. The Board found that the evidence did not establish a causal relationship between these conditions and active service.

The Board has remanded the case due to a failure to obtain private treatment records from Dr. J.R. at Nebraska Pulmonary Specialties, LLC.

The Board has remanded the case due to conflicting opinions regarding whether any respiratory disability clearly and unmistakably pre-existed service. The Veteran's exposure to herbicide agents and tear gas is acknowledged, but no specific connection between these exposures and his respiratory conditions is established.

The Veteran's service-connected conditions did not render him unable to secure or follow a substantially gainful occupation prior to June 28, 1993.

The Veteran's claim for service connection for residuals of pneumonia, to include COPD is denied as there is no persuasive evidence showing the current condition began during or was aggravated by service.,Service connection for a left shoulder disability is denied due to lack of credible evidence linking the current condition to service.,Service connection for right ankle disability, to include small vessel PAD, and left ankle disability, to include small vessel PAD, are both denied as there is no persuasive evidence showing the conditions began during or were aggravated by service.

The Board has remanded the claims for service connection due to insufficient opinions provided in previous VA examinations. The Veteran's COPD, lung cancer, and chronic hypoxic respiratory failure are being reviewed again as they may be related to asbestos exposure, coal and petroleum, aluminum, titanium, and silica. The claim for sleep apnea is also being remanded as it is intertwined with the COPD claim. The claims for left and right hip strains are also being remanded due to insufficient opinions provided in previous VA examinations.

The Board has remanded the Veteran's claims of service connection for COPD and OSA due to secondary service-connected conditions, specifically allergic rhinitis and sinusitis. The VA medical opinions are inadequate as they do not address all relevant factors.

The Veteran's COPD is found to be related to service exposure, and the claim for service connection is granted.

The Veteran's claims for service connection for bursitis, pruritis, arthritis, low back disability (claimed as secondary to PTSD), sleep disorder, kidney infection, respiratory condition (claimed as COPD/emphysema), and acquired psychiatric disorder (claimed as PTSD) have all been denied. The evidence does not establish a current disability or link between the claimed conditions and service.,The Veteran's claims for bursitis, pruritis, arthritis, low back disability (claimed as secondary to PTSD), sleep disorder, kidney infection, respiratory condition (claimed as COPD/emphysema), and acquired psychiatric disorder (claimed as PTSD) have not been reopened due to the lack of new and material evidence.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's cause of death claim, including obtaining a VA medical opinion and addressing the appellant's substitution request for the TDIU claim. The focus will be on determining the nature and cause of the Veteran's death, particularly in relation to his service-connected disabilities.

The Board has remanded the issues of service connection for bladder cancer, an initial compensable rating for status post right upper lobectomy, service connection for COPD, and an initial rating in excess of 10 percent for coronary artery disease. The decision also includes a matter regarding entitlement to a rating in excess of 10 percent for bilateral pes planus prior to March 11, 2016, and in excess of 30 percent thereafter, including the issue of TDIU.

The Board has remanded the claims for service connection due to incomplete records and insufficient medical opinions. The Veteran died from COPD, which is not related to service.

The Veteran's claims of entitlement to increased ratings for PTSD, service connection for COPD and asthma have been remanded due to the addition of new evidence. The VA is required to review this new evidence and issue a new Supplemental Statement of the Case (SSOC).

The Board has remanded the Veteran's claims for further development due to a lack of adequate reasoning and bases regarding the theory of service connection based on in-service vaccinations. The VA is required to obtain opinions from an appropriate examiner regarding the etiology of his COPD, sleep apnea, gall bladder removal, inguinal hernia, knee disabilities, shoulder disabilities, and tinnitus.

The Board has remanded the Veteran's claims for service connection due to conflicting opinions regarding whether his PTSD caused or aggravated his tobacco use and obesity, which in turn may have contributed to his claimed disabilities. The case is being returned for further development.

The Board has decided to remand the Veteran's claims for COPD and left leg condition due to inadequate VA examinations and failure to obtain relevant medical records. The case will be returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's chest pain disorder is denied as there is no evidence of its onset during service or due to a service-connected condition.,The left knee disorder and acquired psychiatric disorder are remanded for further examination and opinion. The COPD claim is also remanded.,Service connection for an acquired psychiatric disorder is remanded, with the Veteran asserting his symptoms are related to in-service stressors. Service connection for COPD is also remanded based on the Veteran's assertion of gas exposure during service.,The left knee disorder and acquired psychiatric disorder are remanded for further examination and opinion. The COPD claim is also remanded.