COPD Board decisions

The Veteran's claim for COPD, including as due to Agent Orange exposure, is being remanded for further development and an examination.

The Board has determined that the application for VA payment or reimbursement was timely filed. However, the merits of the claim for reimbursement under 38 U.S.C.A. § 1725 must be remanded to allow further development and adjudication.

The Veteran's claims for service connection and effective date of Dependents' Educational Assistance (DEA) under 38 U.S.C.A. Chapter 35 were denied as there was no evidence to support earlier effective dates than October 11, 2005.

The Veteran's COPD was rated at 10 percent prior to October 9, 2012. Since then, the disability has been rated at 60 percent due to worsening symptoms and inability to perform post-bronchodilator spirometry tests.

The Veteran's appeal includes claims for service connection for various conditions, including respiratory issues and gastrointestinal problems. The Board has remanded the case to allow the Veteran to appear at a videoconference hearing.

The Board has remanded the case due to missing records and the need for clarification on the relationship between the Veteran's COPD and service-connected tuberculosis.

The Board has remanded the case due to inadequate medical opinions regarding whether PTSD caused or aggravated any of the Veteran's causes of death, including congestive heart failure, COPD, renal insufficiency, and hypertension.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's COPD is related to service, specifically his exposure to asbestos in service. The claim will be reconsidered with a medical opinion.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, COPD, emphysema, and a back disability are granted. The claim for an initial rating in excess of 30 percent for PTSD is denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and providing VA examinations.

The Board denied service connection for COPD and vertigo, finding that the evidence did not support a nexus to service. Service connection was granted for GERD.

The Board has determined that additional development is necessary to determine if the appellant (Veteran's spouse) is a proper claimant for reimbursement of unauthorized medical expenses incurred by the Veteran at a non-VA facility. The appeal will be remanded for this purpose.

The Board has determined that additional development is necessary to determine the Veteran's exposure to herbicides and whether his death was related to service-connected conditions or other causes. The case is REMANDED for these actions.

The Board found that the Veteran's COPD did not manifest in service or be causally related to an event in service other than smoking, which may not form the basis for a service connection award.

The Veteran's claim for a rating in excess of 20 percent for inactive pulmonary tuberculosis with COPD was granted, effective from March 3, 2006. Service connection for residuals of shell fragment wound of the lung is denied.

The Veteran's bilateral hearing loss is found to be related to his active service. The Board also finds that the Veteran has established a nexus between his COPD and skin cancer with exposure to herbicide agents, specifically Agent Orange. Service connection for these conditions is granted.

The Board has remanded the case for additional development to obtain a rationale from Dr. Pustilnik regarding his opinion that traumatic brain injury significantly contributed to death but was not related to the cause of death.

The Board has determined that the Veteran's COPD and rectal cancer are not related to his military service, including herbicide exposure.

The Veteran's service-connected bronchial asthma with COPD was a contributory cause of his death, and the Board grants service connection for the cause of the Veteran's death.

The Board found that the Veteran's death was not proximately caused by VA treatment and thus denied DIC benefits under 38 U.S.C.A. § 1151.