COPD decisions — 2024

The Veteran's bronchiectasis with COPD was granted a 100% disability rating from December 5, 2023. Prior to May 9, 2023, the condition resulted in at worst FEV-1 of 56 percent predicted and DLCO of 56 percent predicted; from May 9, 2023 to December 4, 2023, it resulted in near constant coughing with purulent sputum requiring antibiotic usage almost continuously. From December 5, 2023, the condition resulted in hypoxic respiratory failure and outpatient oxygen therapy.

The Board denied the Veteran's claim for service connection for COPD, finding that there was no evidence to support a nexus between his current condition and his military service. The Board noted that COPD is not among the diseases listed in the VA regulations for which presumptive service connection is available based on in-service exposure to an herbicide agent.

The Veteran's death was caused by chronic obstructive pulmonary disease, which is not service-connected. The Board found that his other service-connected conditions did not contribute substantially or materially to his death.

The Board has found a duty to assist error and is remanding the case for another VA examiner's opinion regarding service connection for cause of death.

The Veteran's diagnosed COPD is presumed to be related to exposure to environmental hazards, including burn pits and other toxins, while serving in the Persian Gulf. The claim for service connection is granted under the PACT Act.

The Veteran's COPD was rated under Diagnostic Code 6604, but his PFT values and FEV-1/FVC values exceeded the criteria for any compensable levels. Therefore, a compensable initial disability rating was not warranted.

The Board has found pre-decisional duty to assist errors and remanded the claims of service connection for COPD and Asthma due to a lack of VA examinations or medical opinions.

The Veteran's claim for service connection for COPD is being remanded due to a duty-to-assist error in the March 2023 supplemental review decision. The Board will consider whether service connection can be granted on a 'facts-found' basis, rather than as an earlier effective date.

The Veteran's service connection claim for COPD and bronchitis is granted due to presumed exposure to burn pits during his service in Kuwait, as provided under the PACT Act.

The Veteran's service-connected recurrent pneumonia with lung scarring has rendered him unable to secure or follow a substantially gainful occupation due to the combined effects of his service-connected disability and other non-service-connected respiratory conditions.

The Board has remanded the case due to insufficient medical opinion regarding whether COPD is secondary to CHF. The Veteran's claim for service connection for COPD, including as secondary to CHF, remains pending.

The Veteran's claim for service connection for COPD is denied as there is no current diagnosis of COPD in the record, and his symptoms are attributed to other already service-connected conditions.

The Board has remanded the claims for service connection for atrioventricular block and chronic obstructive pulmonary disease (COPD) due to Agent Orange exposure in service. The VA will provide medical opinions to determine the etiology of these conditions.

Service connection for a prostate disorder and urinary disabilities is granted. Service connection for headaches is denied, as there is no diagnosed headache disability. The claim for COPD due to herbicide exposure is remanded.

The Board has granted the Veteran's claim for service connection for a respiratory disorder, including COPD, finding that there is no clear and unmistakable error in the AOJ's previous decision. The evidence supports a link between the Veteran's current respiratory condition and his military service, particularly due to asbestos exposure.

The Board has remanded the case due to procedural errors and a need for toxic exposure risk activity (TERA) development, including an addendum opinion regarding the Veteran's current COPD.

The appeal for service connection of PTSD was denied due to severance. The COPD claim is remanded for further development.

The Board has remanded the claims for service connection due to insufficient evidence and needs further development.

The Board has remanded the service connection claims for left ear hearing loss and COPD due to a lack of an adequate VA examination. The Veteran's right ear hearing loss claim is denied as his hearing loss does not meet the criteria for a disability for VA compensation purposes.

The Veteran's claim for a compensable evaluation for COPD with air trapping, exertional dyspnea, and lung nodules is being remanded due to the need to obtain outstanding VA treatment records.