COPD Board decisions

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other legal requirements. The veteran's claims for service connection, a higher rating, and benefits under 38 U.S.C.A. 1160 are pending.

The Board has determined that the veteran's COPD is related to his service exposure to asbestos, and thus granted service connection for this condition.

The Board found that a chronic lung disability was not incurred in or aggravated by the veteran's active duty service, nor may it be presumed to have been incurred in or aggravated by such service.

The Board has determined that the veteran's respiratory disorder, including asthma and chronic obstructive pulmonary disease, was not incurred or aggravated during his active service. The residuals of burns to the hands and face were also not found to be related to service.

The Board has ordered further development due to pending issues and is remanding the case back to the Regional Office for additional consideration.

The Board denied the veteran's claims for service connection for a pulmonary disorder and an increased rating for PTSD. The Board found that there was no evidence of mustard gas exposure during service, and concluded that any current pulmonary disability is not related to service or mustard gas exposure.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining medical records and arranging a special VA examination.

The Board denied the veteran's claim to reopen his service connection for COPD, finding that new and material evidence had not been presented.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to COPD, finding that it was attributable to his nicotine dependence. The issue of eligibility for Dependents' Educational Assistance benefits was also denied.

The Board has denied the veteran's claims for service connection for COPD with emphysema and chronic bronchitis, as well as his claim to reopen a previously denied claim of service connection for hypertension and heart disease secondary to PTSD. The evidence does not support a finding that these conditions are related to service or service-connected disabilities.

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

The Board found no evidence linking the veteran's death to any service-connected condition or a presumptive exposure basis, and denied the claim for service connection for the cause of death.

The Board has granted service connection for a right knee disorder and denied service connection for COPD.

The Board granted service connection for asbestosis with chronic obstructive pulmonary disease and assigned a noncompensable disability evaluation, but the veteran contends that his condition warrants a higher rating.

The Board denied the veteran's claim for service connection for COPD, finding that it was not incurred in or aggravated during military service and that tobacco use caused the condition.

The Board has granted the veteran's claim of entitlement to service connection for a pulmonary disorder, including emphysema and COPD, as secondary to his service-connected sinusitis. The veteran's tinnitus claim is remanded for further review.

The veteran's service-connected disabilities do not render him unemployable, and his combined rating for these two conditions is 60 percent.

The Board found that the veteran's COPD was not incurred in or aggravated by service and is not related to exposure to asbestos, mustard gas, or any other known causative factors. The claim for service connection on a direct basis or as secondary to residuals of a shell fragment wound was denied due to lack of evidence linking the current condition to service. The claims based on tobacco use and nicotine dependence were also denied under the provisions of 38 U.S.C.A. § 1103, which prohibits service connection for disability resulting from disease or injury attributable to the use of tobacco products during active service. Claims based on exposure to mustard gas were denied due to lack of full-body exposure to mustard gas during active service.

The veteran's claim for special monthly pension based on need for aid and attendance or being housebound is denied as he does not meet the criteria for either condition.

The Board denied the veteran's claim of entitlement to service connection for a pulmonary disorder, including spontaneous right-sided pneumothorax, possible ruptured emphysematous bleb, and chronic obstructive pulmonary disease, as it found no evidence that his current condition is related to service or nicotine dependence in service.