COPD Board decisions

The Veteran's service-connected disabilities, including PTSD, depression, anxiety disorders, asthma, bronchitis, COPD, tinnitus, GERD/IBS, and hearing loss, have rendered him unable to secure or maintain substantially gainful employment for the period on appeal. The Board has granted TDIU based on this finding.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for additional medical opinions regarding his respiratory and cardiovascular conditions, as well as GERD.

The Veteran's cervical spine condition (claimed as an upper back condition) is denied because there is no current evidence of a disability and the Board finds that any such disability, if present, did not begin during active service or is otherwise related to an in-service injury, event, or disease.,Service connection for sleep apnea, to include narcolepsy, is granted as it is at least as likely as not incurred in or caused by active military service. The Veteran's current sleep apnea was permanently aggravated by the pain from his service-connected back, shoulder, and knees conditions, and the medications used to treat those conditions.,Service connection for COPD is granted as it is proximately due to or the result of the service-connected obstructive sleep apnea.

The Board has decided to remand the case due to inadequate VA opinions and the need for a new opinion regarding the etiology of COPD, including whether it was aggravated by in-service exposure.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's COPD and its relation to TERA exposure. The VA must seek a new medical opinion considering all applicable military deployments and service, as well as the synergistic and combined effect of all TERA.

The Veteran's claims for service connection for COPD, cervical spine disability, radiculopathy (right and left upper extremities), posttraumatic residual degenerative joint disease of the right hip, posttraumatic residual fracture injury of right leg with impairment of right knee extension, obstructive sleep apnea, lumbar spine disability, and TDIU are all granted. The Veteran's cervical spine disability is rated at 30% from August 3, 2023 onwards.

The Board has determined that the Veteran's COPD is etiologically related to service, resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claim of service connection for a lung disability, finding that there is no evidence to support a nexus between his current lung condition and his military service.

The Veteran's application for a rating in excess of 50 percent for PTSD was denied. The claims for service connection for bilateral fingers crush injury residuals, thoracolumbar spine disorder, hypertension, hypercholesterolemia, kidney disease, urinary incontinence, obstructive sleep apnea (OSA), bilateral hearing loss, and tinnitus were all denied. Service connection for hypertension was granted based on the PACT Act.

The Veteran's asbestosis with COPD, along with other service-connected conditions, has been granted a 100% rating effective August 15, 2018. The decision also grants special monthly compensation (SMC) under 38 U.S.C. § 1114(s).

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a causal relationship between his military service and/or herbicide exposure and his cause of death.

The Board has determined that the Veteran's COPD is proximately due to his exposure to hazardous chemicals during active service, and thus grants service connection for COPD.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, hypertension, heart disorders, erectile dysfunction, headaches, visual disorder, skin disorder, and respiratory disorder are all denied. The Board found that the evidence did not support a finding of current disabilities or a causal relationship to service.

The Veteran's claim for service connection of COPD is remanded due to the need for additional development, including a VA medical examination under the PACT Act.

The Board has decided to remand the case due to incomplete service dates, lack of development regarding TERA participation and exposure, and need for updated VA treatment records. The Veteran's respiratory disability is claimed as COPD and chronic bronchitis, and the examiner should consider all potential exposures during his service.

The Board has remanded the case due to deficiencies in the examination and competency of the VA examiner, specifically regarding COPD.

The Board has dismissed the claims for service connection for asthma, hypertension, plantar fasciitis, emphysema, GERD, and hyperlipidemia. The claim for service connection for COPD was reopened but denied due to lack of causal relationship with service.

The Veteran's claims for increased ratings and service connection are remanded due to outstanding medical records, including those from private providers. The VA is also requested to obtain an addendum opinion regarding the etiology of his claimed disabilities related to toxic exposure risk activities (TERAs).

The Board has remanded several issues for further development, including a rating higher than 20 percent for prostatitis and a compensable rating for history of pneumothorax, right. The Veteran's psychiatric disability claim is also being remanded.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to incomplete compliance with previous remand directives regarding income threshold and VA examination.