COPD decisions — 2024

The Board has remanded the claims for service connection due to incomplete records and a need for additional examinations. The Veteran's back disorder, left foot hallux valgus, right foot hallux valgus, and COPD are all under review.

The Veteran's claims for service connection have been remanded due to duty-to-assist errors and the need for additional medical opinions regarding exposure to burn pits, asbestos, and herbicide agents.

The Veteran's claims for service connection for COPD and a right elbow disability have been granted due to the submission of new and relevant evidence. Service connection is granted for the right elbow disability, with the link established through in-service injury.

The Board has granted service connection for the cause of death due to small cell lung cancer, which is considered a direct result of active military service. The claim related to VA treatment delay and carelessness in diagnosing and treating the Veteran's condition was denied under 38 U.S.C. § 1151.

The Board has remanded the Veteran's claims of service connection for COPD and throat cancer due to inadequate VA examinations, failure to consider toxic exposure risk activities (TERA), and potential new theories of entitlement under the PACT Act.

The Board has denied service connection for obstructive sleep apnea and remanded the claim for chronic obstructive pulmonary disease due to lack of evidence linking these conditions to service.

The Board denied service connection for hypertension, COPD, heart disease, and rheumatoid arthritis as the evidence did not establish a relationship to service.,Specifically, the Veteran's military records were silent on any diagnosis or treatment of these conditions. The private medical records from 2023 indicated diagnoses but did not relate them to service.

The Veteran's COPD is currently rated at 30 percent, which does not meet the criteria for a higher rating based on lung function tests.,The Veteran's lumbosacral strain is currently rated at 20 percent, which does not meet the criteria for a higher rating based on range of motion.

The Board has granted service connection for COPD, finding that the Veteran's exposure to agent orange during his military service is at least as likely as not related to his current condition.

The Board is remanding the case to properly address whether the severance of service connection for COPD was proper, as the RO only adjudicated whether service connection itself was warranted.

The Board has remanded the Veteran's claims for service connection for COPD and emphysema due to insufficient medical opinions regarding their etiology. The VA examiner is requested to review the Veteran's STRs, lay statements, and provide an opinion on whether it is at least as likely as not that his COPD and emphysema had its onset during or is otherwise related to in-service bronchitis.

The Veteran's initial claim for an increased rating for his service-connected bilateral hearing loss was denied. The Board has remanded the issues of service connection for COPD and sleep apnea.,The Veteran is seeking a higher rating for his service-connected bilateral hearing loss, but the evidence does not support such a rating prior to October 2, 2020.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran was diagnosed with tuberculosis during service and if any current conditions are related to that diagnosis. The AOJ is instructed to obtain VA treatment records, schedule a VA examination, and provide an opinion on the etiology of the Veteran's claimed conditions.

The Veteran's service-connected conditions, including Parkinson's disease and urethral strictures with urinary dysfunction, have caused significant disabilities that require regular aid and attendance. The Board has remanded the issue of service connection for hypertension and granted eligibility for SMC based on aid and attendance.

The Board has remanded the Veteran's claims for service connection due to incomplete records and exposure basis issues. The appeals are not related to service connection.

The Board has determined that the Veteran's claim for service connection for chronic obstructive pulmonary disease should be remanded due to inadequate medical opinions and a need for further examination.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,Service connection for diabetes mellitus, type II is denied. The Board acknowledges that the evidence does not show a current diagnosis of diabetes mellitus.

The Board has remanded the claims for service connection due to errors in obtaining private medical records and searching for missing service treatment records.

The Board dismissed the appeals regarding the effective dates and initial ratings of service connection for hypertension, bradycardia, coronary artery disease, and COPD. The Veteran's TDIU and DEA benefits were granted with an effective date of February 20, 2020.

The Board has found that the decision on appeal is remanded due to a lack of rationale in the VA-contracted opinion, and an addendum medical opinion is required.