COPD Board decisions

The VA denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 due to lack of evidence showing that his claimed conditions were caused by VA hospitalization and medical treatment.

The Board denied the claim to reopen the service connection for a lung disability, finding that new and material evidence was not submitted. The veteran's arguments were based on his belief that he had an infection in service which led to his current condition.

The Board has determined that the veteran does not have nicotine dependence caused or aggravated by his service, and that his emphysema and COPD are not due to nicotine dependence incurred during active military service.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Board denied the veteran's claim for service connection for the cause of his death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 due to lack of entitlement based on total disability rating requirements.

The Board found that the veteran's COPD was not incurred in service and denied his claim for service connection.

The Board has remanded the case due to unclear medical evidence regarding the nature and etiology of the veteran's respiratory disorder, including a lack of clarity on whether it is related to service exposure to asbestos. The claim will be returned for further evaluation.

The VA Board of Veterans' Appeals found that there is no evidence to support the claim for service connection for COPD, as it was not incurred or aggravated by wartime service due to cigarette smoking and/or nicotine dependence acquired during active service.

The Board denied the veteran's claims for service connection for asbestosis, coronary artery disease (CAD), left foot and left big toe disorders, and right elbow disorder. The evidence did not establish a direct link between these conditions and his military service.

The Board denied service connection for the cause of the veteran's death, concluding that there was no clear and unmistakable error in the 1996 rating decision. The evidence did not show a causal relationship between the veteran's service-connected asthma and his death or any other condition listed on his death certificate.

The veteran's appeal includes claims for service connection for various conditions, including coronary artery disease, angina pectoris, congestive heart failure, hypertension, COPD, gastroesophageal reflux, sarcoidosis cyst of the left adrenal gland, splenic cystic lesion, kidney cystic lesion, organomegaly, spinal cord tumor, spinal injury, foot drop, claw foot, hammertoes, gunshot wound residuals, and nephritis. The appeal is being remanded for additional development.

The Board denied the veteran's claims of service connection for COPD as secondary to tobacco use and his claim for a compensable evaluation for left spontaneous pneumothorax. The decision found that the veteran filed his claim after June 9, 1998, which precluded him from receiving service connection based on the Veterans' Claims Assistance Act of 2000 (VCAA).

The Board is remanding the case for additional development, including verifying the locations of the USS Mount Olympus and USS Fremont during the veteran's service, to determine if he was exposed to asbestos in service.

The Board found that the veteran's service or a service-connected disability did not cause or contribute substantially to his death due to cardiopulmonary arrest resulting from multiple conditions, including heart disease and Alzheimer's dementia.

The Board has reopened the veteran's claim of entitlement to service connection for asbestosis related disease, including asbestosis and chronic obstructive pulmonary disease, due to asbestos exposure during service. The claim is now pending for further adjudication.

The Board found that the appellant's current COPD is not related to his active military service and denied his claim for service connection.

The Board has remanded the veteran's claims due to incomplete records and the need for additional medical opinions regarding his skin cancer.

The veteran's bilateral hammertoes of the feet were not incurred or aggravated by service. However, his respiratory condition (COPD) was granted as it is related to his smoking history and pre-service lung issues.

The Board denied the veteran's claim for service connection for emphysema and chronic obstructive pulmonary disease, finding that his claim was filed after June 9, 1998, when a prohibition on benefits for disabilities attributable to tobacco use in service took effect. The decision also noted that while the veteran claimed his condition was due to cigarette smoking during service, there were no medical records indicating such an injury or disease occurred during active duty.

The Board has remanded the veteran's claims for hepatitis C and COPD secondary to asbestos exposure due to incomplete development of the record, including obtaining treatment records from VA Medical Center in Temple, Texas, and a private hospital. The RO is also instructed to secure medical opinions regarding the etiology of the veteran's claimed conditions.