COPD decisions — 2024

The Board has remanded the case due to a procedural error in providing the Veteran with proper procedural due process, specifically regarding the timing of the severance decision and its effective date. The Board also found that there was a pre-decisional duty to assist error by failing to address the Veteran's lay statements regarding his exposure to jet fuel fumes while serving as an air policeman.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's COPD, specifically related to his in-service asbestos exposure and smoking history.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's request to withdraw all pending appeals.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's COPD, specifically related to asbestos and TCDD exposure. The case is now pending for further development.

The Board has remanded the case due to insufficient reasoning in the previous decision regarding service connection for COPD and emphysema, which were not linked to herbicide exposure. The case is now back for further review.

The Veteran's claims for increased ratings of PTSD and COPD were denied. The Board found that the symptoms did not warrant a higher rating than 50% for PTSD from August 2, 2023, to November 14, 2023, and 30% for COPD from July 29, 2023.

The Board granted service connection for right ear hearing loss and COPD, resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to a lack of evidence regarding the Veteran's service in Guam or American Samoa, which could affect his presumptive service connection based on herbicide exposure under the PACT Act.

The Veteran's COPD is granted as secondary to service-connected PTSD with tobacco use as an intermediate step.,The Veteran's cataracts are granted as a direct result of exposure to hypertension, which is not related to his service.

The Board remands the Veteran's claim for service connection for chronic obstructive pulmonary disease (COPD) to verify exposure to herbicide agents and obtain an addendum VA opinion.

The Board has remanded the claims for COPD, essential tremors of the bilateral hands, LUE and RUE peripheral neuropathy, and movement disorder with gait instability due to a duty to assist error in not considering all MOS assignments and exposure to contaminated water at Camp Lejeune. The Veteran's service connection claims are remanded for VA examinations and medical opinions regarding the relationship between these conditions and military service.

The Board has granted the Veteran's claim for service connection for COPD, finding that it was caused by his service-connected coronary artery disease and diabetes.

The Veteran's service-connected disabilities did not cause an impairment in his ability to obtain, maintain, or retain suitable employment. The Board found that the Veteran did not have an employment handicap and was therefore not entitled to VR&E services.

The Board has remanded the claims for service connection for COPD and TDIU due to inadequate medical opinions. The COPD claim is being reviewed again as it may be related to service, despite a 2016 diagnosis.

The Board has decided to remand the cases of asthma, emphysema, and COPD for further examination and medical opinions due to insufficient evidence regarding their etiology.

The Board has remanded the claim of service connection for COPD due to new evidence received, and requires a toxic exposure related activities (TERA) examination.

The Veteran's claims for service connection for a pulmonary disability, bilateral hearing loss, and hemorrhoids were denied. The Board found that there was no in-service injury or incident related to the lungs or breathing, and his COPD is not linked to service. His bilateral hearing loss did not warrant an increased rating beyond 90 percent. His hemorrhoids were rated at the maximum schedular rating of 20 percent.

The Veteran's cause of death was attributed to adult respiratory distress syndrome (ARDS) due to underlying influenza type A, with contributing causes being chronic lymphocytic leukemia (CLL) and chronic obstructive pulmonary disease (COPD). The VA medical opinions found no direct nexus between the Veteran's COPD, CLL, or ARDS and toxic exposures other than herbicide agents during active duty service.

The Veteran's emphysema with COPD was granted service connection and an initial rating of 60 percent, effective April 29, 2019. The current rating remains at 60 percent.

The Veteran withdrew his appeal, so the case is dismissed.