COPD Board decisions

The Board has denied the Veteran's claims for service connection for COPD and an initial compensable rating for hypertension, finding that there is no evidence of a nexus between his current conditions and his military service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lung disorder and its relation to his military service, specifically exposure to chemicals and solvents. The Veteran is requested to provide private treatment records from Dr. Karthikeyan and an addendum opinion from a VA examiner.

The Board has determined that the VA decisions on appeal are remanded due to pre-decisional duty to notify and assist errors, including failure to make a finding regarding whether the Appellant is considered the Veteran's surviving spouse for DIC benefits. Additionally, burial benefits claims were not adjudicated properly.

The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.

The appellant is granted a 30 percent disability rating for sarcoidosis with COPD prior to December 12, 2024.

The Board has granted service connection for bilateral hearing loss, but remanded the claim for COPD with emphysema due to insufficient evidence.

The Board denied the Veteran's claims of service connection for a respiratory condition, including COPD and asthma, as well as his thoracostomy scar. The Board found that there was no evidence to support a finding that these conditions were incurred or aggravated during service.

The Veteran's service connection claim for COPD is granted as the evidence shows that his current condition is at least as likely as not related to in-service exposures, including rocket/missile launcher fumes and gas chamber gases.

The Board has withdrawn the Veteran's appeals for service connection for GERD and skin cancer. The claims of service connection for tinnitus, allergic rhinitis, chronic sinusitis, and a respiratory condition (COPD) are being remanded due to a duty to assist error.

The Veteran's appeals for service connection on four different conditions (PTSD, anxiety, COPD, and depression) have been dismissed due to the death of the Veteran.

The Veteran's service-connected COPD and CAD disabilities are found to be so severe that they prevent him from securing or following a substantially gainful occupation.

The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to VA DIC under 38 U.S.C. § 1151 due to a need for further evaluation regarding the relationship between any identified pulmonary/respiratory disability, including bronchial asthma, and active service.

The Veteran's claim for an earlier effective date for service connection for COPD prior to August 10, 2022 is denied.,The Veteran's claim for TDIU prior to May 9, 2023 is denied. The effective date of TDIU was assigned on May 9, 2023.,The Veteran's claim for an earlier effective date for DEA under 38 U.S.C. chapter 35 prior to May 9, 2023 is denied.,The Veteran's claim for a rating in excess of 70 percent for PTSD is denied.

The Board has denied the Veteran's claims for service connection for insomnia and adjustment disorder, as well as COPD. The Board found that there was no in-service event or injury leading to these conditions.

The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.

The Veteran's claims for increased ratings and service connection are being remanded due to the failure to attend scheduled VA examinations. Rescheduled VA examinations will be conducted to determine the current severity of his service-connected conditions and the nature and etiology of his claimed conditions.

The Veteran's service-connected conditions do not prevent him from securing or following substantially gainful employment, and therefore a total disability rating based on individual unemployability is denied.

The Board denied an initial rating in excess of 10 percent for COPD, finding that the most accurate reflection of the Veteran's disability was post-bronchodilator FEV-1 levels at 71 percent of predicted value, which corresponds to a 10 percent rating under Diagnostic Code 6604.

The Board has decided that the Veteran's COPD is a separate and distinct condition from his service-connected bronchial asthma, but it is not secondary to or aggravated by his service-connected bronchial asthma. The Board finds an addendum VA medical opinion necessary to properly determine entitlement to service connection.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's obstructive sleep apnea, heart disorder (atrial fibrillation), and respiratory disorder (COPD). The claims are being remanded due to the need for these opinions.