COPD decisions — 2024

The Board has remanded the claims for service connection for sleep apnea and COPD due to inadequate previous opinions. The Veteran's MDD is alleged to have affected his ability to use a CPAP mask, potentially worsening his sleep apnea.

The Veteran's claim for an increased level of SMC was denied as he does not meet the criteria for any of the available rates under VA regulations.

The Board denied service connection for left and right knee disabilities, COPD, and bronchial asthma. The Board found that the Veteran's current conditions are not related to his military service.

The Board has remanded the Veteran's claim for a new VA medical opinion to determine if his pulmonary disabilities are due to service, specifically exposure to herbicide agents. The issue remains pending.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of any current respiratory disability other than pleural plaques, including COPD and emphysema. The Veteran's service-connected asbestos-induced pleural plaques are not considered a basis for granting service connection.

The Board has remanded the case due to a need for an opinion regarding the etiology of the Veteran's COPD, which is currently diagnosed. The VA will obtain such an opinion based on the record and address whether it is at least as likely as not that the COPD is related to in-service exposure to asbestos, jet engine fuels, and other smoke.

The Board has remanded the Veteran's claims for service connection for COPD, HTN, and bilateral lower extremity neuropathy due to their secondary nature to his already service-connected schizophrenia.

The Board has remanded the Veteran's claim for service connection for a respiratory disability, including asthma, emphysema, COPD, and OSA due to exposure to chemicals and fumes during his military service. The case is back before the Board after multiple remands.

The Veteran's accrued benefits claim for reimbursement of assisted living facility expenses is denied as the evidence does not show that the Appellant paid the last sickness expense related to the Veteran's assisted living fees.

The Board denied the Veteran's claim for service connection for cause of death, finding that there was no evidence to support a link between his military service and his death from respiratory failure, congestive heart failure, chronic obstructive pulmonary disease, diabetes mellitus type II, and chronic kidney disease. The Board noted that the Veteran did not serve in an area where herbicide agent exposure is presumed and that he never sought service connection for any of these conditions prior to his death.

The Veteran's claims for service connection are being remanded due to incomplete STRs and the need for additional development.

The Veteran's myocardial infarction and kidney failure are remanded for a VA opinion to determine if they were caused by the Trivalent Afluria vaccine. The COPD claim is also remanded for a VA examination to determine its etiology.

The Board has dismissed the Veteran's claims for service connection for COPD, pneumonia, bilateral hearing loss, and tinnitus due to his withdrawal of these claims during a Board hearing. The claim for TDIU is granted.

The Veteran's petition to reopen claims for service connection for hearing loss, tinnitus, and a respiratory condition (chronic bronchitis/COPD) was granted. The claim for service connection for headaches is pending.

The Board has remanded the Veteran's claims for service connection for COPD, asthma, and chronic kidney disease due to exposure to ionizing radiation. The case is returned for further development including obtaining a dose estimate from the Department of Defense and conducting VA examinations to determine if there is a link between these conditions and service.

The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for cause of the Veteran's death. The appeal is being remanded due to a lack of medical opinion regarding whether the Veteran's COPD, related to in-service herbicide exposure, was the immediate or underlying cause of his death.

The Veteran's claim for service connection for COPD with emphysema, asthma, chronic bronchitis, chronic pneumonia, and diabetes mellitus type 2 is granted. The claims for asthma and chronic respiratory disorder are remanded due to additional evidence received after the March 2020 statement of the case.

The Board has decided to remand the Veteran's claims for service connection for COPD and coronary artery disease due to a lack of VA examination, and requests additional development including obtaining medical records and providing an opinion on the nature and etiology of the claimed conditions.

The Board has remanded the Veteran's claims for service connection due to procedural issues and the need for additional medical examinations. The claims will be reconsidered on their merits.

The Board denied service connection for asthma, COPD, lumbosacral strain (back injury), sleep apnea, tendonitis of the left ankle, and tendonitis of the right ankle. The claim for flat feet was reopened but not granted.