COPD Board decisions

The Board has granted service connection for the veteran's disabilities, including avitaminosis and other nutritional deficiencies, malnutrition, malaria, residuals of stroke (right-sided hemiparesis), COPD, ischemic heart disease, peptic ulcer disease, irritable bowel syndrome, antral gastritis, osteoarthritis, and degenerative disc disease. These conditions are presumed to have been incurred in service as a POW.

The Board found that the veteran's death was not caused by VA negligence or carelessness, and thus denied the claim for DIC under 38 U.S.C.A. § 1151.

The Board found that the veteran's cause of death was not related to service or any service-connected conditions, including exposure to mustard gas during his active duty in Italy. The medical evidence did not support a finding of full-body exposure to mustard gas and there is no evidence showing the veteran was present at the German air raid on Bari harbor in World War II.

The Board has determined that additional records are needed, including SSA records and medical examinations for the veteran's cold injuries and eye conditions. The case is being remanded to obtain these records and conduct necessary evaluations.

The Board found no evidence of a current disability related to service-connected asbestos exposure, and denied the veteran's claim for service connection for respiratory disorder including asbestosis and COPD.

The veteran's claim for service connection for COPD due to tobacco use in service is denied as it falls under a regulation prohibiting such claims after June 9, 1998. The Board also found that the veteran does not have any other service-connected disabilities and thus cannot meet the criteria for a TDIU rating.

The veteran's combined rating is 50%, which does not meet the requirements for a permanent and total disability rating on an extraschedular basis due to his age, education, and occupational background. The Board finds that he is not unemployable by reason of his disabilities.

The veteran's service-connected asthma with COPD is rated at 60 percent disabling, but the evidence does not show that it alone precludes her from securing and following a substantially gainful occupation. The Board therefore denies TDIU.

The Board denied the claim of service connection for the cause of the veteran's death, finding no competent medical evidence linking his service-connected major depressive disorder to his death or to his underlying respiratory conditions.

The Board has determined that a VA examination is necessary to determine the relationship between the veteran's current COPD and his active service, including exposure to herbicides. The case will be remanded for further action.

The Board has remanded the veteran's claims due to insufficient evidence regarding the etiology of his diagnosed conditions, particularly thyroid disorder, liver disease, and PTSD. The case is now pending for further examination and medical opinions.

The Board has determined that the cause of the veteran's death was not related to his military service and therefore denied the claim for service connection for the cause of death.

The Board has denied the veteran's claims for service connection for COPD and an evaluation in excess of 10 percent for hepatitis C. The veteran was previously granted a 10 percent rating for his hepatitis C, effective December 19, 2003.

The Board has determined that the veteran's death was not caused by any service-connected disability, and therefore denied both the claim for cause of death and Dependency and Indemnity Compensation under section 1318.

The Board has remanded the case for further development to determine if the veteran's current pulmonary disability is related to asbestos exposure during service.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The veteran's death was not caused by or substantially contributed to by any service-connected disability. The veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's current lung diseases and COPD are not related to his active duty service, including claimed exposure to asbestos. The claim for service connection is denied.

The Board found that the veteran's death was not caused by VA treatment, and thus denied the claim for DIC under 38 U.S.C.A. § 1151.

The veteran is seeking service connection for a respiratory disorder, specifically chronic obstructive pulmonary disease (COPD). The VA has ordered the retrieval of recent medical records from Bath, New York and requested an opinion from any physician who has linked his current lung disorders to his military service. If a link can be established, he may be granted service connection.