COPD decisions — 2023

The Board has remanded the claims for service connection for a respiratory condition (including COPD and asthma) and a psychiatric disability (PTSD). The Veteran's treatment records from Thundermist Health Center and Fatima Hospital need to be obtained, and an appropriate VA examination is required if these records show current diagnoses of the claimed conditions.

The Veteran's claim for service connection for a pulmonary disability, including as due to asbestos exposure, is being remanded due to incomplete development and the need for an additional VA examination. The case will be returned for an addendum opinion addressing the synergistic effect of all toxic exposures during his military service.

The Board has remanded the case due to insufficient development and medical opinions regarding the Veteran's service-connected disabilities and their impact on his death.

The Board has remanded the case due to pending etiology opinions for COPD and pulmonary granulomata, and other necessary development is required.

The Veteran's asthma was noted on his active-duty Report of Medical Examination and clearly and unmistakably did not increase in severity during service. Therefore, the claim for service connection is denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's COPD is related to service, specifically his exposure to asbestos and other environmental factors during active duty. The VA examiner will be asked to provide a more comprehensive opinion on this issue.

The Board has granted service connection for asthma and COPD, finding that the Veteran's exposure to burning sugarcane during active service is at least as likely a cause of his respiratory conditions.

The Board has granted the Veteran's claim for service connection for lung disability (not to include COPD) as secondary to his service-connected coronary artery disease. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has remanded the claims for COPD and stage 2 chronic kidney disease due to a procedural error in not considering potential exposure to herbicides while on active duty, including during service in Guam. The Veteran is presumed to have been exposed to Agent Orange. The Board finds there was a duty to assist and correct this error.

The Veteran's service-connected disabilities, including respiratory condition, bilateral hearing loss, and eye conditions, rendered him unable to secure or maintain substantially gainful employment from November 14, 2014 to April 25, 2021. From April 26, 2021, the Veteran's combined rating is at least 60 percent due to his respiratory condition and other service-connected disabilities, which makes TDIU moot.

The Board denied service connection for the cause of death due to end-stage chronic obstructive pulmonary disease, concluding that it was not caused by a service-connected disability.

The Board has remanded the case due to inadequate consideration of the Veteran's current diagnoses and outstanding private treatment records. The Veteran is to be scheduled for a VA examination to determine the etiology of his respiratory disability, including COPD.

The Board has restored service connection for emphysema and COPD, but denied the reduction of the disability rating from 60% to noncompensable (0%) for asbestos induced pleural plaques.

The Board has remanded the case due to a need for an additional VA examination to determine if the Veteran's respiratory disability, including COPD and moderate pulmonic insufficiency with severe left ventricular dysfunction, is related to his service in Vietnam, specifically Agent Orange exposure.

The Board has remanded the Veteran's claims for lung, heart, and prostate conditions due to insufficient medical opinions regarding their relationship to military service exposure.

The Veteran's service-connected disabilities necessitated his need for regular aid and assistance of another individual, leading to a grant of special monthly compensation (SMC) based on aid and attendance.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service, including as secondary to asthma and COPD. The decision grants service connection for this condition.

The Veteran's claims for earlier effective dates and increased evaluations have been dismissed due to the withdrawal of his appeal.,The Board has remanded several issues related to service connection, effective dates, and evaluations.

The Veteran is rated at 100% for all his service-connected disabilities since July 28, 2022. The Board finds that the Veteran's service-connected PTSD and COPD prevented him from obtaining and maintaining substantially gainful employment prior to July 28, 2022.

The appeal of the January 2023 rating decision denial for service connection for an acquired psychiatric disorder, hemorrhoids, and COPD is dismissed. The Veteran withdrew his claim for service connection for an acquired psychiatric disorder during a hearing before the Board of Veterans' Appeals.