COPD decisions — 2024

The Veteran's radiculopathy of the right lower extremity (posterior tibial nerve) and neuropathy of the right lower extremity (internal saphenous nerve) have not met the criteria for increased ratings. The right foot contusion injury residuals are rated at 20 percent, which is the maximum rating under the applicable diagnostic code.,The Veteran's COPD has not more nearly approximated forced expiratory volume in one second (FEV-1) of 56- to 70-percent predicted, or FEV-1/Forced Vital Capacity (FVC) of 56 to 70 percent, or DLCO (SB) 56- to 65-percent predicted.

The Board has denied service connection for COPD and lung cancer, finding that the Veteran's smoking history is more likely the cause of his current conditions. The exposure to asbestos and PFAS during service was not found to be significant or causative.

The Board has remanded the Veteran's claims for service connection for various conditions due to a lack of VA examinations and potential violations of the duty to assist.

The Board has remanded the claims for additional development due to pre-decisional duty to assist errors and recent passage of the PACT Act. The appellant's service connection claims will be reconsidered in light of these issues.

COPD and emphysema are granted service connection effective August 10, 2022. Bilateral hearing loss and other specified depressive disorder with anxious distress remain denied.

The Board has remanded the claims of service connection for COPD, OSA, and a back disability due to insufficient evidence and duty to assist errors.

The Board remands the issue of entitlement to service connection for a respiratory condition, including chronic obstructive pulmonary disease (COPD), for further development and consideration.

The Veteran's claims are remanded due to the need for further development and clarification of his exposure history, as well as new medical opinions regarding his stomach condition and skin conditions.

The Board denied the Veteran's claim for service connection for COPD, finding no evidence of its onset during or immediately after service and concluding that it is not related to herbicide exposure. The Board also found insufficient evidence linking COPD to any other in-service event.

The Veteran's service connection claims for impaired gait, chronic pain syndrome, pulmonary embolism, and COPD have been denied as the evidence does not support a finding that these conditions are directly related to his military service or secondary to his service-connected bilateral ankle disability.,Service connection for impaired gait was denied because it is considered a symptom of his already service-connected bilateral ankle disability. Service connection for chronic pain syndrome, pulmonary embolism, and COPD were also denied as the evidence does not support a finding that these conditions are directly related to his military service or secondary to his service-connected disabilities.

The appeal concerning the issues of COPD and nicotine addiction is dismissed. The Veteran's service connection for COPD was granted, but the appeal for nicotine addiction is denied as it is not a compensable disability.

The Board has determined that the Veteran's COPD is not service-connected because it was caused by his tobacco use, which is prohibited for claims filed after June 9, 1998.

The Board denied service connection for COPD and calcified pleural plaques, finding the evidence does not support a link to service or exposure.

The Board has determined that the Veteran's COPD is due to his military service, specifically exposure to burn pits in Vietnam. The evidence is at least balanced and supports this finding.

The Board denied higher initial disability ratings for the service-connected lung disability from October 30, 2009, to March 28, 2011, and from March 28, 2011, to June 17, 2016. The Veteran's lung disability was rated at 10 percent for the first period and 30 percent for the second period.

The Board has decided to remand the case due to insufficient evidence regarding whether COPD is related to service, particularly Agent Orange exposure. The Veteran's in-service complaints and treatment for chest pain, bronchitis, and pleurisy are also being considered.

The Veteran's SMC at the statutory housebound rate is denied as his entitlement to a higher level of SMC has not been met.

The Board has decided to remand the case due to a lack of adequate medical opinions regarding the Veteran's COPD and its connection to service, specifically his exposure to herbicide agents and MOS exposures.

The Veteran's claim for service connection for COPD was dismissed as the concurrent election of a higher-level review and an appeal to the Board led to confusion in the adjudication process.

The Board has granted service connection for a respiratory disability, including COPD and interstitial lung disease, finding that the evidence is in equipoise as to whether these conditions are related to the Veteran's in-service asbestos exposure.