COPD Board decisions

The VA denied the veteran's claim for service connection for bronchitis, asthma, and COPD due to a lack of evidence showing these conditions were incurred in or aggravated by his military service. The VA also noted that smoking-related respiratory disorders are not service-connected under current law.

The Board has granted service connection for sleep disorder, depression and nervousness as an anxiety disorder related to Gulf War service. Service connection is also granted for shortness of breath due to Gulf War exposure.

The Board has determined that the veteran's emphysema and COPD are related to his service-connected nicotine dependence, and thus grants service connection for these conditions.

The VA denied the veteran's claim for service connection for lung disease, as claimed due to asbestos exposure, finding that there was no evidence linking his current condition to his military service.

The Board has granted service connection for bronchial asthma and COPD, effective from September 22, 2000.

The veteran's appeal is about service connection for COPD and asthma. The Board has determined that the only remaining issue is whether he should be granted service connection for these conditions. However, due to new regulations invalidated by a court decision, the case must be remanded back to the RO for further development of evidence and consideration under the VCAA.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and to provide additional development.

The Board found no medical evidence linking the veteran's COPD to service, including as secondary to exposure to asbestos in service. The claim for service connection was denied.

The Board denied the veteran's claim for an earlier effective date of November 2, 1993, for the grant of service connection for status post pneumonectomy due to lung cancer with COPD due to Agent Orange exposure.

The Board denied the veteran's claims for service connection for poliomyelitis and COPD, finding no evidence of a chronic disability resulting from his active military service. The COPD was determined to be due to tobacco use.

The Board found that COPD is linked to active service and granted the veteran's claim for service connection.

The Board found that the veteran's COPD and nicotine dependence are not related to his military service, as there is no evidence of these conditions during or shortly after service. The decision denies both claims.

The Board has determined that the veteran's chronic pulmonary disability, diagnosed as COPD, is not related to his service-connected asbestos exposure or Agent Orange herbicide exposure. The claim was denied due to lack of evidence supporting a connection.

The Board denied the application to reopen the claim for service connection for the cause of death and also denied accrued benefits based on the veteran's lifetime claim under 38 U.S.C.A. § 1151 due to lack of new and material evidence.

The Board has determined that the veteran's sarcoidosis with inactive pulmonary tuberculosis and chronic obstructive pulmonary disease does not meet the criteria for a disability rating higher than the currently assigned 60 percent.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability, and thus denied entitlement to service connection for the cause of his death. The appellant also failed to meet the requirements for Dependency and Indemnity Compensation under Title 38, United States Code, Section 1151.

The Board has reopened the veteran's claim for service connection for a lung disorder, to include pulmonary tuberculosis and the residuals thereof. The issue of entitlement to compensation benefits pursuant to 38 U.S.C.A. § 1151 for a lung disability due to surgical treatment received at a VA Medical facility is also pending.

The Board finds that the appellant's chronic obstructive pulmonary disease was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Board has determined that the veteran's seizure disorder is not service-connected and does not meet the criteria for pension eligibility based on unemployability due to non-service connected disabilities. The veteran was denied both claims.

The veteran's claim for service connection for chronic obstructive pulmonary disease due to smoking tobacco during service was denied as a matter of law because the claim was filed after June 9, 1998.