COPD Board decisions

The Veteran's claims for service connection of COPD, an initial evaluation higher than 30 percent disabling for sleep apnea, and a rating in excess of 40 percent for retrolisthesis of L5-S1 with chronic low back pain since June 1, 2007 have all been denied. The Veteran is advised that he must file a timely substantive appeal to perfect his appeals on these issues.

The Board dismissed the appeal due to lack of timely filing of a notice of disagreement for the denial of service connection for degenerative disc disease. The Veteran's claims for other conditions were denied as they are not compensable under VA regulations.

The Board has determined that the Veteran served on a ship operating in Vietnam's inland waters, presumptively exposing him to herbicides. The cause of death was attributed to respiratory failure due to lung cancer. However, it is unclear whether the lung cancer originated in his lungs or metastasized from another site. A medical opinion is needed to determine if the Veteran's fatal cancer is directly related to service and Agent Orange exposure.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if the Veteran's respiratory disorder is related to service, Agent Orange exposure, or asbestos exposure.

The Veteran's death was not caused by VA medical care, and the cause of his death (MRSA sepsis) is not considered to be a result of VA fault.

The Veteran's cause of death was due to COPD and other conditions, but his service-connected disabilities did not contribute substantially or materially to his death. The claim for DIC under 38 U.S.C. § 1318 is also denied.

The Veteran's claim is being remanded due to the need for a new VA examination and additional development of his treatment records.

The Board has determined that additional development is necessary prior to the adjudication of this claim due to missing VA treatment records and a need for VCAA notice. The case is REMANDED.

The Veteran's claims for service connection for chronic bronchitis and COPD are being remanded due to the need for additional development, including a VA examination.

The Board found that the Veteran does not have a currently diagnosed respiratory disorder and there is no competent evidence relating any current condition to service, including possible asbestos exposure.

The Veteran's current lung disorders, including COPD and asbestosis, are not related to his service. The VA examiner found no compelling evidence of asbestos-related changes in the Veteran's chest x-rays or pulmonary function tests.

The Board denied the appellant's claim for service connection for the cause of death, finding that there was no evidence linking any of the listed conditions to military service.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted a higher rating for PTSD, tinnitus, or hearing loss. Service connection was not established for COPD, peripheral neuropathy of the hands and feet, or degenerative changes in the right knee.

The Board has determined that the Veteran's asbestosis is related to his period of active service, and therefore grants service connection for this condition.

The Board found that the Veteran's current lung conditions, including scarring of the right lung base and chronic obstructive pulmonary disease, were not incurred in or aggravated by service. The VA examinations did not support a connection between these conditions and events in service.

The Board found that the Veteran's COPD is not service-connected and denied his claim for an initial (compensable) rating for residuals of lung cancer with lobectomy, history of bronchopleural fistula and pneumothorax. The case is now remanded to obtain additional medical opinions regarding the severity of the Veteran's service-connected condition.

The Veteran's lung disability is not service-connected, and his claim for 1151 compensation was denied due to lack of proximate cause attributable to VA.

The Veteran's appeal is being remanded for additional development, including pulmonary function tests and a VA examination to address his service-connected asthma. His claim for TDIU is also being referred back to the RO.

The Board found that the cause of the Veteran's death, which was listed as cardiopulmonary arrest due to or as a consequence of pneumonia on his certificate of death, is not related to any service-connected disability. The June 2012 VA medical opinion concluded that PTSD did not contribute substantially or materially to the Veteran's cause of death.

The Board has determined that the Veteran's current COPD and pneumonia are not related to his service, as there is no medical evidence linking these conditions to his in-service pneumonia. The claim for service connection is therefore denied.