COPD decisions — 2024

The Board denied the Veteran's claim for Special Monthly Compensation (SMC) based on loss of use due to service-connected conditions, as there was no evidence of loss of use or anatomical loss of breast tissue. The Veteran's service-connected COPD and depressive disorder did not meet the criteria for SMC.

The Board denied service connection for COPD, finding that the Veteran's current condition is not related to his in-service herbicide exposure and there is no medical nexus between his service and his current COPD.

The Veteran's COPD is granted as service-connected due to in-service exposure to particulate matter pollution, and the Board finds that this exposure caused his current condition.

The Board has decided to remand the case due to insufficient opinions regarding the Veteran's COPD and its relation to service, as well as secondary service connection for myocardial infarction with congestive heart failure. The VA is required to obtain additional medical records and provide a new opinion on the issues raised.

The Board has remanded the claims for tinnitus, COPD, asthma, and allergies due to inadequate VA examination opinions. The Veteran's service connection claims are being reviewed again as part of this process.

The claim for service connection for COPD is granted, effective August 10, 2022. The claim for service connection for sleep apnea secondary to PTSD is remanded.

The Board has granted an effective date of June 21, 2022 for a 100% rating for COPD with chronic bronchitis and hypoxemic respiratory failure. The evidence shows that the Veteran's condition worsened to the point where he required outpatient oxygen therapy on June 21, 2022.

The Veteran's service connection claim for COPD is denied. The Board finds that there is no medical or scientific evidence to support a relationship between the development of COPD and exposure to herbicides and/or asbestos.,The appeals for increased disability evaluations for coronary artery disease post CABG, scar, post CABG, and bilateral hearing loss are dismissed because they result from a prohibited concurrent election under the modernized review system. The Veteran's claims for sleep apnea are remanded.

The Veteran's service connection for COPD is granted, but the claims for hypertension and atrial fibrillation are remanded due to a duty-to-assist error.

The Veteran's COPD is granted as secondary to his service-connected PTSD. The motion for revision of the September 23, 2008, Rating Decision denying service connection for PTSD is dismissed.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's respiratory disorder, including a lack of VA examination. The Veteran claims his current respiratory condition is related to exposure to CS gas during service.

The Board has remanded the case due to the need for additional medical records and a review of the cause of death. The Veteran's service-connected prostate adenocarcinoma is considered, but the exact role in his death remains unclear.

The Veteran's COPD is presumed to be related to his service due to exposure as an Air Policeman, but the VA examiner found it less likely than not caused by herbicides. The Board has ordered a remand for a TERA-specific VA medical opinion regarding whether the COPD is related to service, including the Veteran's exposure to jet fumes.

The Veteran is granted a higher rate of special monthly compensation (SMC) at the r-1 level due to needing regular aid and attendance for two separate service-connected disabilities: PTSD and COPD.

The Veteran's chronic bronchitis with COPD and early emphysema caused his sleep apnea, which is granted as secondary to the service-connected condition.

The Board has determined that the Veteran was exposed to asbestos during service aboard Navy ships and should have been afforded a VA examination to determine whether his COPD is related to or had its onset in service. The case is being remanded for further action.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a duty to assist error, specifically missing VistA Imaging records that are pertinent to the claims.

The Board has remanded the case due to a failure to obtain Social Security Administration (SSA) records that may be relevant to the Veteran's claim for service connection of COPD.

The Veteran's claim for an earlier effective date for service connection for asthma and COPD was denied as there is no evidence of a prior informal or formal claim filed before the liberalizing regulation took effect, and retroactive benefits are only available if the Veteran met all eligibility criteria on the effective date of the law change.

The Veteran's hypertension is granted as service connected, with a rating of 100% effective from the date of this decision.,Service connection for COPD on a direct basis is granted, with a rating of 100% effective from August 10, 2022.