COPD Board decisions

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's respiratory conditions, including asthma and COPD, are being remanded for further evaluation due to the lack of a VA examination and consideration of his in-service exposure.

The Board has remanded the Veteran's claims for further development due to inadequacies in previous VA examination opinions and inconsistencies with other evidence of record.

The appeals for various conditions and ratings have been dismissed due to the death of the appellant.

The Veteran's initial rating for COPD with residuals of squamous cell carcinoma of the lung is denied as his FEV-1 and FEV-1/FVC measurements were not less than 40% predicted value, he did not suffer more than one asthma attack per week or require daily use of systemic high dose corticosteroids. The Veteran's scars are rated noncompensable due to their small size and lack of instability or pain.

The Board has remanded the case due to a need for an opinion regarding whether the Veteran's COPD had its clinical onset during active service or is related to any in-service disease, event, or injury, including because of his alleged occupational exposure.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for COPD. The appeal as to the lung disorder, including COPD and emphysema, is remanded due to lack of complete service treatment records from reserve service and need for a VA examination.

The Veteran's PTSD is rated at 50 percent, and the Board has remanded for further examination regarding service connection for COPD and sleep apnea. The issues of service connection for COPD and sleep apnea are also remanded due to insufficient evidence.

The Veteran's appeal for service connection on multiple conditions has been remanded due to the need for additional medical opinions and examinations.

The Board denied the Veteran's claim for an effective date prior to October 3, 2008 for his award of total disability rating based on individual unemployability (TDIU) as he did not meet the threshold minimum schedular percentage standards under 38 C.F.R. § 4.16(a) for a TDIU prior to that date.

The Board denied service connection for COPD, finding no nexus between the condition and in-service exposure to asbestos or herbicide agents (Agent Orange). The Veteran's COPD was attributed to a general assertion without supporting evidence.

The Board denied service connection for various conditions, including upper and lower back disability, neck disability, left leg disability, right leg disability, bilateral eye disability, chronic obstructive pulmonary disease (COPD), Barrett's esophagus, coronary artery disease, aortic aneurysm, prostate cancer, and thyroid disability. The Board found no current diagnoses for these conditions.

The Veteran's bilateral hearing loss is granted as service-connected due to aggravation by military noise exposure. Total disability due to individual unemployability is granted based on his service-connected disabilities. The rating for COPD remains at 30 percent, but the case is remanded for a new examination.

The Veteran's claims for service connection have been reopened, but the appeal is granted only in part as some issues are remanded.,Service connection has been restored for lumbar strain and PTSD.

The Veteran's claims for increased ratings for his COPD/emphysema with asthma and sleep apnea are remanded due to the need for additional medical examination, updated treatment records, and consideration of whether sarcoidosis is related to service-connected disability or clinically indistinguishable from symptoms related to his service-connected disability.

The Board denied a compensable disability rating for asbestosis, finding that the respiratory impairment is due to COPD and not asbestosis.

The Board denied the Veteran's claims for service connection for COPD secondary to inactive tuberculosis and a compensable rating for inactive tuberculosis, finding that there was no evidence linking these conditions.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's claims, particularly regarding his service-connected conditions and exposure to Agent Orange. The case is being remanded for further development.

The Veteran's service-connected disabilities, including COPD, neck disability, and back disability, have rendered him unable to secure or maintain substantially gainful employment. The Board has remanded the case for referral to the Director of Compensation Service for extraschedular consideration.

The Board is remanding both issues related to service connection for the cause of the Veteran’s death due to procedural errors and unresolved claims. The timeliness of the March 11, 2010 Notice of Disagreement for COPD/lung condition must be resolved before any further action can be taken on the cause of death claim.