COPD decisions — 2024

The Board denied service connection for enlarged prostate, obstructive sleep apnea, and COPD. The evidence did not support a finding that these conditions began during or within one year following active service.,Service connection was denied on the basis of herbicide exposure as there is no listed disease in 38 C.F.R. § 3.309 for which presumptive service connection applies to an enlarged prostate, and the Veteran's statements were not competent evidence.

The Veteran's lung cancer residuals prior to July 28, 2016 were not productive of decreased pulmonary function. Since then, they have not been either.

The Board has remanded the case due to insufficient compliance with previous remand directives and proper development is needed. The examiner must provide an addendum opinion regarding whether the Veteran's cause of death was etiologically related to service, including exposure to Agent Orange, lead, lubricant and protectant chemicals, diesel fuels, electrical wiring flux, and asbestos.

The Board denied service connection for COPD and a skin disorder, finding that the conditions were not incurred or aggravated by active service, including exposure to herbicides. The VA examiners concluded there was no causal relationship between the Veteran's current respiratory and skin disorders and his military service.

The Board has remanded the Veteran's claims for service connection for COPD and TDIU due to inadequate examination reports and failure to consider all relevant evidence, including the Veteran's hearing testimony.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's respiratory disability, specifically his diagnoses and their relation to service. The VA will need to verify the Veteran's exposure to herbicide agents and asbestos during service and schedule a new examination.

The Veteran's claim for service connection for COPD is denied as the weight of evidence does not support a finding that his current condition resulted from in-service asbestos exposure.,The Veteran's claim for increased rating for bilateral hearing loss remains pending, with the highest possible rating (50%) granted effective June 30, 2022.,The Veteran's claim for a compensable disability rating for crush injury to the right fifth digit is denied as there is no showing of an exceptional disability picture or arthritis that would warrant a higher rating under other diagnostic codes.,The Veteran's claim for service connection for erectile dysfunction remains pending, with remand required due to insufficient evidence addressing his contention of herbicide agent exposure.,The Veteran's claim for service connection for cerebrovascular accident (CVA) remains pending, with remand required due to insufficient evidence addressing his contention of herbicide agent exposure.

The Board has remanded the case due to an inadequate VA examination in July 2016, which did not address the etiology of the Veteran's diagnosed respiratory disabilities including COPD and asthma. The case is now pending for a new VA examination.

The Board has remanded the claims for COPD and heart disabilities due to inadequate opinions provided in December 2023. The VA examiner must address whether these conditions are related to service, including toxic exposure risk activities (TERAs), and if they are aggravated by a service-connected disability.

The Board has remanded the claims for service connection for COPD, obstructive sleep apnea, atrial fibrillation, congestive heart failure and hypertension secondary to generalized anxiety disorder (GAD). The VA is required to obtain additional opinions addressing the etiology of these conditions.

The Veteran is found to be unemployable due to his service-connected disabilities from December 29, 2011, to May 14, 2013, and may be eligible for a TDIU on an extraschedular basis.

The Veteran's appeal of the rating assigned to his service-connected PTSD arose from his April 2011 claim to reopen his claim of entitlement to service connection for PTSD. The effective date for a 70 percent rating for PTSD is granted as of April 19, 2011.,The Veteran's appeal of entitlement to a TDIU was part and parcel of his appeal of the rating assigned to his service-connected PTSD. The effective date for a TDIU is granted as of April 19, 2011.,Service connection for COPD is remanded due to insufficient evidence in the record.,The Veteran's bibasilar atelectasis is rated at 60 percent and the appeal for an increased rating is remanded.,The cause of death (coronary artery disease and chronic obstructive pulmonary disease) is remanded as there are insufficient opinions regarding the relationship to service-connected conditions.

The Board denied the claim for service connection for COPD for purposes of accrued benefits as there was no evidence showing that COPD was related to service.

The Board has remanded the Veteran's claims for service connection due to procedural issues and the need for additional medical examinations. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has remanded the case for additional development, including obtaining medical opinions regarding service connection for hypertension, COPD, CAD, and supraventricular arrhythmias under a direct theory of entitlement. The Veteran's claims are related to his participation in Project SHAD.

The Board denied service connection for right and left shoulder disabilities, finding no evidence of onset during service or a relationship to in-service events.,Service connection was granted for heart disability (pulmonary hypertension) secondary to service-connected hypertension.

The Veteran's claim for a higher rating for COPD is denied as his PFT results do not meet the criteria for a rating in excess of 30 percent.,The Veteran's claim for TDIU prior to April 30, 2021 is denied due to the evidence showing he can still secure and follow a substantially gainful occupation.

The Veteran's respiratory disorder, diagnosed as bronchitis, asthma, and COPD, was not service-connected due to lack of evidence linking it to his military service or exposure to herbicides. The Board found that the condition is less likely than not related to his in-service symptoms and did not meet the criteria for presumptive service connection.

The Veteran's service-connected asbestosis with emphysema and chronic obstructive pulmonary disease is rated at 30 percent since August 14, 2017. The Board denied a higher rating prior to that date.

The Board has granted service connection for COPD and remanded the issue of special monthly compensation based on need for aid and attendance or housebound status.