COPD decisions — 2024

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The appeal for service connection for tonsil cancer and larynx injury is dismissed. Service connection for hypothyroidism and hypertension has been granted, while soft tissue sarcoma remains denied. The appeals for ischemic heart disease, benign prostatic hyperplasia, and COPD are remanded.

The Board has determined that new and relevant evidence submitted by the Veteran between October 2019 and September 2020 warrants readjudication of his service connection claim for COPD. The case is now remanded to determine if there is a nexus between the Veteran's in-service asbestos exposure and his current COPD.

The Veteran's claim for service connection for COPD has been dismissed as he withdrew his appeal before the Board could make a decision.

The Board has remanded the Veteran's claims for service connection for asthma, chronic kidney disease, COPD, coronary artery disease/congestive heart failure, diabetes mellitus II, and hypertension due to exposure to asbestos while serving as a machinist mate in the Navy. The AOJ is instructed to obtain additional medical opinions regarding the nature and etiology of these conditions based on the Veteran's service history and any other relevant evidence.

The Veteran's claim for service connection for COPD and related conditions, including asbestosis, is remanded due to a pre-decisional duty to assist error regarding asbestos exposure. The case will be reviewed with an appropriate clinician who must address the likelihood of current breathing or pulmonary conditions manifesting during active military service.

The Veteran's respiratory disability, including asthma and COPD, is granted as service connected due to presumed exposure to herbicides during active service.

The Board dismissed the appeal because the appellant passed away before a decision could be made.

The Board has denied the Veteran's claim for service connection for COPD, finding that it is not related to his in-service pneumonia or allergic rhinitis and is more likely due to his history of smoking. The Board also found that COPD was not aggravated by his service-connected OSA, lung scarring, or allergic rhinitis.

The Veteran's COPD is granted as service connected due to exposure to burn pits and other toxins during his service in the Southwest Asia theater of operations, effective August 10, 2022.

The Veteran's hypertension and bladder cancer were denied increased ratings, while the claims for service connection of chronic kidney disease and COPD are remanded.

The Veteran's appeal regarding COPD and heart disability is remanded due to insufficient medical opinions. The Board finds that the current opinions are inadequate for deciding these claims.

Your service connection claims for COPD and a left knee disability have been dismissed because your requests were premature due to pending Higher Level Review (HLR) requests.

The Veteran's asthma has been granted a disability rating of 60 percent, but no greater. The other issues have not met the criteria for increased ratings.

Service connection for COPD and emphysema is dismissed.,Service connection for asbestosis is dismissed.,Service connection for chronic cervicothoracic pain is dismissed.,Compensable disability ratings for scars, welding burns, left forearm and right forearm are denied.

The Veteran's claims for hypertension, hypothyroidism, allergic rhinitis, COPD with asthma and pulmonary hypertension, tinnitus, and obesity have been granted effective dates based on the PACT Act. Effective dates are set according to the date of diagnosis or receipt of claim.

The Board has decided to remand the case due to inadequate reasoning and evidence regarding the Veteran's lung conditions, specifically his exposure to asbestos during service.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's respiratory condition, specifically asthma, COPD, and allergic rhinitis. The VA examiner failed to consider all potential exposure risk activities, including those related to herbicide agents and burning of human waste, food, diesel fuel, and other materials.

The Veteran's claim of service connection for a lung disorder, including lung cancer, spots on lungs, and COPD, was dismissed as the issue remained pending under VA's Legacy appeals system. The case will be reconsidered in the Legacy system.