COPD decisions — 2024

The Board has granted a TDIU rating prior to April 26, 2011, based on the Veteran's service-connected respiratory disabilities preventing him from engaging in substantially gainful employment.

The appeal for an earlier effective date for COPD is dismissed as the NOD was untimely filed.,New and material evidence has been received to reopen claims of service connection for bilateral hearing loss, tinnitus, sleep apnea, an acquired psychiatric and/or cognitive disorder, and bilateral vision loss. These claims are REMANDED for further development.,The appeal for service connection for bilateral hearing loss, tinnitus, sleep apnea, an acquired psychiatric and/or cognitive disorder, and bilateral vision loss is REMANDED as new and material evidence has been received to reopen the claims.,Service connection for COPD remains denied. The claim is REMANDED due to the presence of new and material evidence regarding secondary service connection.,The appeal for a rating in excess of 30 percent for COPD, TDIU, and SMC based on need for aid and attendance or housebound status is REMANDED.

The Veteran's death was not caused by a service-connected disability, and there are no accrued benefits due as the Veteran did not have an active claim for benefits at the time of his death.

The Board denied service connection for COPD, finding that the Veteran's COPD was not etiologically related to his service.,The Board also denied service connection for COPD secondary to an acquired psychiatric disorder, concluding that there was no reliable medical nexus between the Veteran's mental health diagnoses and his military service.

The Veteran's bilateral hearing loss is granted a 30% rating. Service connection for COPD, emphysema, and prostate cancer are denied.

The appeal for service connection for COPD is granted due to the PACT Act presumption. Service connection for PTSD and Scheuermann's disease with fatigue are remanded as there is insufficient evidence on record. The appeal for autoimmune disorder is also remanded.

The Appellant's claim for accrued benefits is dismissed because she did not identify a specific rating decision with which she disagreed.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for respiratory disability, including COPD and emphysema. The Veteran's exposure to asbestos and herbicide agents is presumed.

The Board has remanded the case due to insufficient medical opinions and records, particularly regarding the Veteran's diagnoses and their relationship to service. The case needs further development to clarify these issues.

The Board denied the Appellant's request for an earlier effective date for DIC benefits, stating that the claim was filed within one year of the Veteran's death and thus the earliest possible effective date is August 29, 2022.

The Board denied service connection for COPD, finding that the Veteran's current diagnosis of COPD is not related to his in-service respiratory issues and instead attributed it to his long-term tobacco use. The Board also found insufficient evidence to support a secondary service connection claim.

The Veteran's appeals for service connection for COPD and restrictive lung disease were dismissed as he did not properly appeal the decisions in question.

The Board has remanded the case due to errors in obtaining necessary medical opinions and VA treatment records, as well as potential exposure to burn pits during service. The Veteran's respiratory disabilities are presumed related to his service in Southwest Asia under the PACT Act.

The Board denied an earlier effective date for the award of service connection for COPD and remanded issues related to asthma and a higher initial rating for COPD.

The Board denied service connection for chronic obstructive pulmonary disease (COPD) and obstructive sleep apnea (OSA) as there was no evidence of a nexus between the Veteran's in-service toxic exposure and his current conditions.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation based on aid and attendance (SMC-AA).

The Veteran's claim for service connection for a low back disability was denied, and his earlier effective date claim for the assignment of a 100 percent rating for asthma with COPD was granted as of September 17, 2021.

The Board has denied service connection for COPD, diabetes mellitus, left shoulder joint pain, right shoulder joint pain, and hypertension/vasovagal syndrome. The remaining issues have been remanded due to the need for additional medical examinations.

The Board denied the Veteran's claim for service connection of COPD, finding that there was no evidence in his service records indicating a diagnosis or related lung disease during active service. The Veteran's history of tobacco smoking is considered the most likely cause of his current medical diagnoses.

The Board has denied the Veteran's claims for service connection for GERD, OSA, right knee condition, left knee condition, and COPD. The decision also notes that the Veteran's hypertension was granted as service connected with a ten percent evaluation.