COPD decisions — 2024

The Veteran's service-connected COPD, asthma and emphysema are granted with a 30 percent rating prior to September 6, 2017. The issue of TDIU is remanded for extraschedular consideration.

The Veteran's claim for a compensable rating for bronchitis with COPD is remanded due to the lack of substantial compliance with prior Board remand directives. The referral for TDIU consideration is also remanded.

The Veteran's cause of death, acute chronic hypoxic hypercapnic respiratory failure with pneumonia and COPD, is found to be service-connected due to his pre-existing COPD diagnosed during active service.

The Board has remanded the claims for COPD and left peroneal neuropathy due to Agent Orange exposure, as there is insufficient evidence on record regarding their etiology.

The Veteran's claims for increased ratings for squamous cell lung cancer and lymph node squamous cell carcinoma have been denied.,The Veteran's claim for service connection for COPD has been remanded, as the issue is related to his service-connected lung cancer.

The Board has remanded the Veteran's claims for additional development due to incomplete records and potential exposure verification issues.

The claims for service connection for diabetes mellitus, hypertension, and COPD are being remanded due to the receipt of new and relevant evidence. The Veteran was exposed to burn pits during his service in Korea.

The Veteran's service-connected conditions, including anxiety disorder, lumbosacral strain, cervical spine, and chronic obstructive pulmonary disease, have rendered him in need of regular aid and attendance. The Board has granted SMC based on this need.

The Board denied the Veteran's claim for service connection for emphysema and COPD, finding that there is no evidence in his service treatment records showing treatment or complaints for COPD or respiratory symptoms. The VA examiner concluded that the Veteran's current emphysema was less likely than not caused by his military service exposure to herbicide agents.

The Veteran's claim for service connection for emphysema with COPD is granted as new and relevant evidence has been received, including a VA examination report that found no asbestos exposure but linked the condition to his smoking history. The case is remanded for a new VA medical opinion regarding the etiology of the conditions.

The Board has dismissed the service connection claims for left shoulder condition, left wrist condition, and COPD. The Veteran's claim for vertigo is granted, as is his claim for asthma.

The Board has found that the Veteran's service connection claim for allergic asthma with COPD should be remanded due to inadequate medical opinions regarding the cause of his conditions. The AOJ is instructed to obtain a new medical opinion considering all applicable military deployments and toxic exposures, including Agent Orange exposure.

The Board denied service connection for a respiratory disability, including asthma and COPD. The Veteran's current diagnosis of asthma and COPD was noted in VA records.,Service connection for the left knee disability was also denied. The Veteran reported symptoms but no specific diagnosis or treatment was provided during service.

The Veteran's claim for an earlier effective date for a 100 percent evaluation for asthma with COPD is denied as there is no evidence of a factually ascertainable increase in disability prior to June 16, 2021.

The Board has denied the restoration of a 30 percent rating for COPD, finding that there was material improvement in the Veteran's condition and that reduction from 30 to 0 percent was proper.

The Board has found that there are outstanding VA treatment records and pre-decisional duty to assist errors regarding the Veteran's tinnitus claim. The claims for service connection for COPD, OSA, PTSD, anxiety, depression, and a low back condition are remanded due to the need for additional development.

The Board has readjudicated the Veteran's claim for service connection for COPD based on new evidence, but finds that the condition is not related to his military service. The Veteran's smoking history outweighs any potential exposure to toxic substances during service.

The Veteran's death was caused by chronic obstructive pulmonary disease, which is linked to his service-connected posttraumatic stress disorder. The Board has granted an earlier effective date of April 1, 2015 for DIC benefits.

The Board has remanded the Veteran's claims for service connection for non-Hodgkin's lymphoma and COPD due to incomplete VA records, lack of radiologic evidence of asbestos-related changes in the lungs, and applicability of TERA provisions.

The Board has remanded the claims for service connection for obstructive sleep apnea and chronic obstructive pulmonary disease due to a lack of an adequate opinion regarding the relationship between these conditions and service. The VA examiner did not address the Veteran's lay statements about symptoms since active service.