COPD Board decisions

The case is being remanded due to inadequate medical opinion and procedural defects in the accrued benefits determination.

The Board has granted a 10 percent rating for chronic obstructive pulmonary disease, reflecting the most disabling this disorder has been since the beginning of the appeal period.

The Board denied the appellant's claim of entitlement to special monthly pension based on the need for regular aid and attendance of another person, finding that his disabilities did not result in helplessness due to mental or physical impairment.

The Board denied service connection for chronic obstructive pulmonary disease and the earlier effective date claim, finding that there was no evidence to support these claims.

The Board denied the veteran's claims for service connection for COPD and a higher evaluation for asbestosis with asbestos-related pleural effusion, finding that there was no evidence to support these claims.

The Board has determined that the veteran's claimed conditions, including loss of teeth, COPD, peptic ulcer disease, and kidney disorder, are not related to exposure to ionizing radiation. The claims for service connection based on this exposure basis have been denied.

The veteran incurred unauthorized medical expenses for treatment of chronic obstructive pulmonary disease, which is not service-connected. The Board denied payment as the conditions do not meet the legal requirements.

The Board denied the veteran's claim for service connection for the cause of his death, finding that his service-connected disabilities did not contribute to his death. The appellant and her son argued that the veteran's death was related to his service-connected conditions, but the VA medical opinions found no evidence supporting this contention.

The veteran's claims for service connection for various conditions, including respiratory, neurological, and psychiatric disabilities, are denied as there is no direct evidence of these conditions in service or a link to Agent Orange exposure.

The Board found no evidence linking the veteran's current COPD and emphysema to his in-service respiratory infection, and denied service connection.

The Board denied the veteran's claims for service connection for various conditions, including residuals of a cold injury to the ears, cheeks, and temples, post-traumatic stress disorder (PTSD), nicotine dependence, chronic obstructive pulmonary disease (COPD) secondary to nicotine dependence, testicular disorder, residuals of an eye injury, low back disorder, and gastrointestinal disorder. The Board found no current disability for the claimed ear condition.

The Board found that the cause of the veteran's death, acute mixed drug intoxication, was not caused or worsened by VA treatment and denied dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Board denied the claim for service connection for the cause of the veteran's death, finding that COPD and malnutrition were not related to his active service or any service-connected condition.

The Board has remanded the veteran's claims due to the need for additional development, including obtaining medical records and conducting examinations.

The veteran's claim for a higher rating for carcinoma of the left upper lobe, status post resection with chronic obstructive pulmonary disease and history of asbestosis is granted. The other two claims for increased ratings are also granted.

The Board finds that the veteran's COPD is secondary to tobacco use during service.

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence that his lung disability was due to service or exposure to herbicides in Vietnam. The Board also found no evidence that a service-connected condition contributed to his death.

The veteran's claims of service connection for residuals of a lacunar infarct, right cerebral hemisphere, and COPD secondary to his service-connected nicotine dependence are denied as they were filed after the effective date of a regulation prohibiting such claims.

The Board has remanded the case due to insufficient evidence regarding whether COPD developed as a result of service, including potential nicotine dependence.

The veteran's appeal is about the effective date of service connection for chronic obstructive pulmonary disease. The RO has already denied his claim of clear and unmistakable error (CUE) in a prior rating decision, but the issue remains pending as it is intertwined with the main appeal.