COPD Board decisions

The Veteran's service-connected conditions render him unable to secure and follow substantially gainful employment, warranting a TDIU.

The Board denied service connection for COPD with emphysema, finding that the Veteran's condition is not related to his military service or exposure to herbicides in Vietnam. The claim was based on presumed exposure to toxic chemicals and asbestos during his time as an aviation structural mechanic.

The Board has remanded all five service connection claims due to a duty to assist error in failing to obtain National Guard records for ADT or IDT. The Veteran's exposure to insecticides during his New York Air National Guard service is considered presumptive for hypertension, cardiovascular disease, CKD, COPD, and CLL.

The Board has granted the Veteran's claim for service connection for COPD, finding that his current diagnosis of COPD is directly related to his military service exposure. The Board considered a private medical opinion and a VA examiner's opinion but found the private opinion more persuasive.

The Board has determined that the Veteran's service in the Republic of Vietnam is presumed, and thus his exposure to herbicides is also presumed. The decision now requires a medical opinion regarding whether these exposures are related to his cause of death.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's lung disorders, specifically those related to exposure at Camp Lejeune. The VA is required to obtain a new retrospective opinion from an appropriate clinician or other qualified examiner.

The Board denied service connection for COPD and the cause of death, finding that the Veteran's smoking was a significant but not primary cause of his death from COPD.

The appeal for service connection of COPD is dismissed as the Veteran filed a duplicate Notice of Disagreement.

The Board granted a separate 30 percent rating for rhinoseptoplasty residuals and denied an initial disability rating greater than 30 percent for COPD.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting SMC based on the need for aid and attendance from March 24, 2017.

The Board has remanded the case due to a need for further development, including obtaining a VA medical advisory opinion regarding the nature and etiology of the claimed respiratory disabilities (other than sinusitis, rhinitis, and bronchitis). The Veteran's service records show he was deployed to the Persian Gulf prior to August 2, 1990, but it is unclear whether his service on the U.S.S. Shiloh after 1990 was in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's claimed pulmonary conditions, including whether they are related to service exposure. The Veteran is requested to provide an adequate opinion from a clinician.

The Board has denied the Veteran's claims of service connection for thyroid cancer, OSA, GERD, and lung disability due to a lack of evidence linking these conditions to his military service or exposure to herbicides. The Board found that there is no causal relationship between the claimed disabilities and his service.

The Board has remanded the case due to insufficient evidence regarding service connection for a respiratory condition, specifically COPD and emphysema. The AOJ is instructed to verify periods of Active Duty Training (ACTDUTRA) within the Veteran's National Guard service and provide an addendum opinion addressing the etiology of her respiratory conditions.

The Board has denied the Veteran's claims for service connection for sleep apnea and COPD. The decision is remanded due to a lack of adequate medical opinion regarding the etiology of the Veteran's COPD.

The Veteran's COPD and Multiple Myeloma were granted service connection based on the PACT Act, which provides presumptive service connection for certain diseases associated with exposure to burn pits. The effective date is August 10, 2022, for COPD and January 10, 2025, for Multiple Myeloma.

The Veteran's appeal for service connection for COPD due to burn pit exposure was dismissed because the Veteran died during the appeal process.

The Board has granted service connection for metastatic lung cancer and pleural effusion as secondary to service-connected metastatic lung cancer. Service connection is being remanded for COPD, chronic sinusitis, and allergic rhinitis due to the need for additional development.

The Veteran's service-connected disabilities leave him in need of regular aid and attendance, which is granted for special monthly compensation based on aid and attendance. The Veteran does not meet the criteria for housebound status due to his single disability.

The Board has granted service connection for colon cancer and obstructive sleep apnea as secondary to service-connected diabetes mellitus, type II. Service connection for COPD and asthma have been denied.