COPD decisions — 2024

The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors, including obtaining service treatment records and scheduling a VA examination.

The Board has determined that the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are remanded due to insufficient VA examination opinions, unassociated VA treatment records, and potential errors in the June 2021 rating decision regarding service connection.

The Veteran's claims for service connection for bronchitis and COPD are being remanded due to a duty to assist error. A TERA medical opinion is needed to assess whether the conditions are related to in-service exposure, including contaminated water at Camp Lejeune and hazardous chemicals from his MOS duties as an aviation supply man.

The Board has denied service connection for COPD, insomnia, migraine headaches, asthma, right elbow bursitis, and a ventral hernia as there is no evidence of current disabilities during or shortly after the Veteran's separation from service.

The Board has decided that the Veteran's claim for service connection for COPD, including as due to asbestos exposure, should be remanded for further evaluation.

The Board denied the veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound due to his service-connected disabilities not meeting the criteria of needing regular aid and assistance or being permanently housebound.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding the etiology of the Veteran's COPD. The claim will be returned for further evaluation and a new medical opinion is required.

The Board has determined that the Veteran's claims for service connection for various conditions, including a sleep disorder, lung disability (including pneumonia, bronchitis, and COPD), neck disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, and bilateral foot disability are remanded due to duty-to-assist errors.

The Board denied the Veteran's claim for an increased rating for chronic bronchitis, finding that his FEV-1 was not at least 40- to 55-percent predicted or FEV-1/FVC at least 40 to 55 percent, which are required for a higher (60%) rating under Diagnostic Code 6600. The Veteran's current FEV-1 is 58% predicted.

The Board has decided to remand the case due to duty-to-assist errors and the need for an adequate toxic exposure opinion. The Veteran's COPD is being reviewed in light of his service, including potential jet fuel and exhaust exposure.

The Board has granted service connection for a respiratory disability, to include COPD, on a direct basis due to in-service exposure to environmental exposures, including burn pits.

The Veteran's claims for service connection on appeal are being remanded due to procedural errors and the need for further development regarding exposure to herbicide agents, asbestos, and hazardous chemicals. The Board will also obtain medical opinions to determine if the Veteran's current disabilities are related to his in-service duties.

The Veteran's claims for service connection for COPD and CAD have been denied as there is no evidence of a chronic disease or injury in service, and the current conditions are not related to any in-service event.,Service connection for alcohol use disorder has also been denied due to the statutory prohibition on compensation for such disorders resulting from willful misconduct.

The Veteran's appeal for service connection for emphysema, claimed as COPD, has been withdrawn and is dismissed.

The Veteran's TBI-related conditions, including schizophrenia and myocardial infarction, require daily aid and attendance. Without this care, the Veteran would need institutionalized care due to his cognitive impairments.

The Board has determined that the grant of service connection for COPD was not a clear and unmistakable error, thus restoring service connection for COPD.

The Veteran's claim for service connection for COPD is granted as it is considered to be proximately due to his service-connected sarcoidosis. The claims for service connection for an acquired psychiatric disability, fibromyalgia, and left shoulder strain are denied.

The Board denied service connection for various conditions including left hip, right hip, left shoulder, and right shoulder conditions, as well as COPD and bilateral hearing loss. The evidence did not show a nexus between these conditions and the Veteran's active duty service.

The Veteran's bilateral hearing loss and chronic obstructive pulmonary disease were not granted service connection, and the claims are being remanded for further review.

The Board has denied the Veteran's claims for service connection for lung and skin disabilities due to lack of evidence linking these conditions to his military service. The case is remanded for further development.