COPD decisions — 2024

The Board has dismissed all appeals to readjudicate service connection for various conditions due to the appellant's death.

The Veteran seeks compensation under 38 U.S.C. § 1151 for COPD, but the July 2020 VA medical opinion is inadequate and requires a remand to provide an addendum opinion addressing whether his COPD was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on behalf of health care providers.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's heart disability, COPD, and prostate disability. The AOJ is instructed to obtain additional medical opinions addressing these issues.

The Board has decided to remand the Veteran's claim for service connection of COPD due to insufficient medical opinions and lack of relevant evidence. The case will be reviewed again with a focus on addressing the articles submitted by the Veteran regarding asbestos exposure and COPD.

The Board has remanded the cases for further development and medical opinions regarding the etiology of the Veteran's claimed conditions, including lung cancer, kidney/bladder cancer, COPD, hematuria, bone metastasis of the left iliac bone, and an acquired psychiatric disorder to include PTSD and depression.

The Veteran's claim for service connection for tinnitus is granted.,The Veteran's claims for service connection for bilateral hearing loss and COPD are remanded due to insufficient evidence.

The Board denied the Veteran's claim for service connection for a respiratory disability, including COPD, finding that there was no evidence to show that his current diagnosis of COPD had its onset during active service.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person for the period from September 28, 2021 onward. However, there is no evidence that his service-connected disabilities alone result in the need for aid and attendance prior to this date.

The Veteran's service-connected COPD was granted effective September 17, 2020, which also established his need for aid and attendance due to his service-connected disabilities.

The Board has determined that the VA examination and opinion provided were not in compliance with the July 2023 remand directives. The Veteran's respiratory disability, including diagnosed asthma and/or COPD, is being remanded for additional development to determine if it was incurred in or caused by an in-service injury, illness, or event, including exposure to asbestos and/or exhaust fumes.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's COPD, specifically related to exposure at Camp Lejeune and smoking history.

The Board has remanded the claims for service connection due to new evidence submitted by the appellant, including a 1975 article discussing adenovirus and a September 2018 private treatment record. The Veteran contends his current respiratory disabilities are related to pneumonia he experienced during service.

The Veteran's claim for service connection for COPD was granted on October 26, 2021. The effective date is set to this day.

The Board has granted service connection for OSA and asthma with COPD prior to August 9, 2023. The issue of service connection for GERD is remanded.

The Board denied the Veteran's claims for a compensable rating for his right upper chest scar, an earlier effective date prior to September 1, 2020, for service connection of his right upper chest scar, and an increased disability rating for COPD with emphysema prior to September 1, 2020. The Veteran's claim for TDIU was also dismissed.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include a pulmonary condition, bilateral foot condition, cervical spine disability, and hernia.

The Veteran's COPD is related to his military service, specifically the exposure to secondhand smoke during his active duty.

The Veteran's claims for service connection are being remanded due to a failure to obtain relevant private treatment records. The Board will request these records and then readjudicate the cases.

The Board has decided to remand the case due to errors in obtaining relevant records, including service personnel and treatment records of the Veteran. The appellant's claim for DIC benefits will be reconsidered with these additional records.

The Veteran's claim for service connection for COPD and increased ratings for tension headaches associated with traumatic brain injury and bilateral pes planus were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service for COPD, and that the Veteran's tension headaches did not meet the criteria for a 50% rating under Diagnostic Code 8100.