COPD Board decisions

The Veteran's service-connected unspecified depressive disorder is linked to his current sleep apnea, which the Board finds secondary to his service-connected condition. The Veteran's COPD status post bilateral pneumothorax has been rated at 30% since March 2011.

The Board has decided to remand the case due to inadequate VA examinations and the need for additional medical records. The Veteran's respiratory condition, including COPD and asbestosis, is being reviewed again with a focus on her service exposure.

Service connection is granted for COPD and an acquired psychiatric disability (anxiety disorder and bipolar disorder). The Veteran's lung condition, claimed as asbestosis, is also service-connected. Other claims are denied.

The Board denied service connection for COPD and restored the Veteran's disability rating for thyroid cancer to 60 percent.

The Veteran's service-connected disabilities (Ischemic heart disease and Chronic obstructive pulmonary disease) preclude him from securing and following substantially gainful employment. The Board has granted entitlement to a total disability rating based on individual unemployability.

The Veteran's chronic obstructive pulmonary disease is granted as service connected due to in-service exposure, with no presumption or new evidence involved.

The Veteran's claims for service connection and TDIU have been denied as there is no evidence of a current disability related to his military service, and he has no service-connected disabilities.

The Board has determined that there was not substantial compliance with the December 2015 remand directives and thus, the case is being returned for additional development.

The Board dismissed the Veteran's motion for revision of a June 25, 2014 decision based on clear and unmistakable error (CUE) as it did not meet the pleading requirements.

The appeal to reopen a claim for service connection of a lung condition is granted. The case is remanded for further evaluation and determination.

The Veteran's obstructive lung condition with COPD is related to his exposure to herbicides while serving in the Republic of Vietnam, and service connection for this condition is granted.

The Board denied the Veteran's claim of service connection for a respiratory disability, finding that her current COPD and bronchitis are less likely related to in-service events or conditions.

The Veteran's PTSD was restored to a 70% disability rating effective June 1, 2015. The RO reduced the Veteran’s PTSD rating from 70% to 30%, but this reduction was improper and has been restored.

The Veteran's hearing loss and lung disease (asbestosis with COPD) are being remanded for further evaluation. The service connection for both conditions is not currently established, and the issue of exposure to aircraft fumes causing his lung condition needs clarification.

The Veteran's cause of death, cardiac arrest due to respiratory failure and COPD/emphysema, is found to be service-connected as his chronic cough in service was an early sign of COPD.

The Veteran's claims for service connection for residuals of a gunshot wound to the left leg, right elbow fracture, gout, COPD, heart disorder (including coronary artery disease and congestive heart failure), hypertension, and diabetes mellitus have been granted. The claim for an initial disability rating in excess of 50 percent for PTSD remains pending.

The Veteran's cause of death was due to COPD, but the VA does not consider service connection for this condition as it did not occur during his lifetime. The Board found no evidence linking COPD or atrial fibrillation to service.

The Board has decided to remand the case due to inadequate examination and incomplete medical records, requiring a new VA examination to determine if the Veteran's respiratory disorder is related to his service or asbestos exposure.

The Veteran's need for aid and attendance was due to his non-service connected conditions (emphysema/COPD, age), not his service-connected gunshot wounds. Therefore, he did not meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person.

The Board has remanded the Veteran's claims for service connection for a respiratory disorder, PTSD, OSA, and IHD with ischemic cardiomyopathy. The TDIU claim is also remanded as it is inextricably intertwined with these issues.