COPD Board decisions

The Veteran's service-connected bronchitis and emphysema diagnosed as chronic obstructive pulmonary disease did not cause or permanently aggravate his loss of use of the legs, nor did it result in loss of use of both feet. Therefore, he is denied eligibility for special monthly compensation based on loss of use of the feet.

The Board has granted service connection for hypertension and chronic headaches (migraines) as secondary to the Veteran's service-connected PTSD. Service connection for COPD is denied.

The Board has decided that new and material evidence has not been received to reopen the claim of service connection for a heart disability. The case is remanded for further action on the issue of service connection for COPD, including as due to asbestos exposure.

The Veteran's claims for bilateral hearing loss, tinnitus, and a respiratory disease due to asbestos exposure are remanded for further development.

The Veteran's service-connected COPD is currently rated at 30 percent, but he argues that this rating does not reflect the severity of his condition. The Board finds a need for an examination to determine the current severity of his COPD.

The Veteran's COPD is not service connected as it was not caused by his in-service asbestos or lead exposure, and there is no other evidence linking the condition to his military service.

The Board has decided to remand the Veteran's claim for service connection for a respiratory disorder, including COPD, due to exposure to asbestos and/or lead-based paint. The decision is based on the need for additional medical examination and consideration of the Veteran's lay statements regarding his alleged exposure to lead-based paint.

The Board has remanded the claims for bilateral knee and hip disabilities, hernia, and respiratory disorder due to exposure to asbestos and other hazardous chemicals. The claims are being reviewed again with additional evidence considered.

The Board has granted service connection for COPD due to herbicide exposure in Vietnam and also granted service connection for atrial fibrillation disability, secondary to now service connected COPD on a causation basis. The decision is based on the presumption of herbicide agent exposure during service.

The Board has remanded the case due to missing VA medical treatment records and inextricably intertwined issues of TDIU. The Veteran's service-connected asbestosis with COPD is the basis for both increased rating and TDIU claims.

The Board has denied all service connection claims, finding that the Veteran's claimed conditions are not related to his active duty service.

The Board has denied service connection for cataracts, COPD, aortic aneurysm, right wrist tendonitis, and paroxysmal tachycardia as there is no evidence linking these conditions to service or herbicide exposure. The Veteran's claim for service connection of paroxysmal tachycardia is remanded due to the need for a VA examination.

The Veteran's claim for a disability rating in excess of 30 percent for his service-connected chronic bronchitis (also claimed as COPD and emphysema) is remanded. The issue of entitlement to total disability rating based on individual unemployability (TDIU) is also remanded due to the inextricably intertwined nature with the increased evaluation issue.

The Board has determined that the VA examination and opinion are inadequate for rating purposes, and thus remands the case back to the AOJ with instructions to correct the error by providing an addendum opinion addressing the nature and etiology of the Veteran's claimed COPD with emphysema, including as due to asbestos exposure.

The Board denied the Veteran's appeals regarding the timeliness of her notices of disagreement (NODs) for service connection claims, including those for migraines, low back condition, right knee disability, and left knee disability. The appeal was dismissed as she did not timely file NODs.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for nonservice-connected burial benefits.

The Veteran's COPD, benign lung nodule and mediastinal lymphadenopathy are found to be related to his service due to asbestos exposure in the engine room.

The Board denied the Veteran's claims of service connection for arthritis, COPD, OSA, and a skin condition. The evidence did not support a finding that these conditions were related to his military service.

The Board denied service connection for COPD, a bilateral lower extremity disorder (other than neuropathy), and a heart disorder due to lack of evidence linking these conditions to the Veteran's military service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected asbestosis, finding that it did not meet the schedular criteria and that referral for extraschedular consideration was not warranted. The most probative evidence of record supported the conclusion that COPD, rather than asbestosis, limited the Veteran's ability to work.