COPD Board decisions

The Board found that the Veteran's death was not caused by or materially contributed to by his service-connected disabilities, and denied both the claim for service connection for the cause of the Veteran's death and the claim for death pension benefits due to insufficient income.

The Board finds that the evidence does not support a finding of service connection for COPD, to include as due to exposure to asbestos. The preponderance of the evidence is against this claim.

The Veteran's coronary artery disease with reactive airway disease and COPD with mixed emphysematous and chronic bronchitis pattern are rated at their maximum levels, resulting in a grant of special monthly compensation (SMC) based on housebound status. Service connection for the cause of death is denied due to lack of evidence showing service-connected disability contributed to death.

The Board has remanded the case due to the need for additional VA medical records and lay statements.

The Veteran's appeal is being remanded to the AOJ for consideration of additional evidence submitted since the last decision.

The Veteran's claim for service connection for COPD was denied as there is no evidence of an in-service disease or injury. The Board found that the Veteran meets the percentage rating standards for TDIU due to his combined disability ratings and single disability ratings, which are at least 70 percent. The Veteran's claim for SMC based on need for regular A&A or by reason of being housebound was denied as there is no evidence of permanent bedridden status or inability to leave the house. His claim for SMP based on need for regular A&A or by reason of being housebound was also denied.

The Veteran's appeal for service connection on the merits has been granted, and he is now receiving a 100 percent evaluation for his heart condition (CAD). His renal insufficiency with hypertension is rated at 60 percent. He also receives SMC based on housebound status due to his CAD.

The Board found that the Veteran's respiratory disabilities, including COPD and emphysema, are not service-connected due to lack of evidence linking them to her active duty service. The VA examiner opined that her current respiratory conditions are more likely related to her long-term smoking history than to any exposure during her deployment in Kuwait.

The Veteran's appeal is mixed, with some issues granted and others not. Service connection for chemical sensitivities, fibromyalgia, chronic fatigue syndrome, respiratory disorder, IBS, and low back disorder are granted on a presumptive basis due to Gulf War exposure. Other service connection claims remain pending.

The Board denied the Appellant's claims for service connection for cause of death, DIC benefits under 38 U.S.C. § 1318, and accrued benefits due to lack of evidence showing a service-connected disability caused or contributed substantially to the Veteran's death.

The Board has remanded the case for further development and readjudication due to a request for substitution of the Veteran's surviving spouse.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's COPD is related to exposure to missile chemical exposure during active duty service, and thus grants the claim for service connection.

The Board has vacated the portion of its September 2017 decision that denied reopening of claims for service connection for an acquired psychiatric disorder, a left wrist disability, and COPD. The new evidence does not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected conditions were evaluated, and the Board denied entitlement to increased ratings for chronic obstructive pulmonary disease, right lower extremity varicose veins, and left lower extremity varicose veins. The decision also noted that the Veteran did not meet criteria for a TDIU on either a schedular or extraschedular basis.

The Veteran's lung disability, to include COPD, was not incurred in or aggravated by service and the Board finds that there is no evidence of a nexus between his current lung disorder and his period of service. The Veteran did not have any respiratory problems during service and he has not provided medical evidence or an opinion linking his current condition to service.

The Board has determined that the RO's denial of service connection for a respiratory disability, including asthma, bronchitis, COPD, sinusitis, and rhinitis, was not clearly and unmistakably erroneous. The Veteran's current respiratory disabilities are presumed to be related to his active service.

The Board has determined that the Veteran's COPD began in service and is not due to his history of tobacco use, granting service connection for COPD.

The Veteran withdrew his appeal for all issues related to service connection, including ischemic heart disease, hypertension, shoulder disability, prostate disability, residuals of right lower inguinal injury, eczema, bilateral foot fungus, ulcers, GERD, Parkinson's disease, and COPD.

The Veteran's death was not proximately caused by VA treatment, and the appellant's DIC claim under 38 U.S.C. § 1151 is denied.,The appellant's request for increased VA death pension benefits is denied as her income exceeds the maximum annual pension rate (MAPR).,There are no accrued benefits due to the appellant as there were no claims pending at the time of the Veteran's death.

The Board has determined that the Veteran's COPD is not related to his period of active military service and therefore denied service connection for COPD.