COPD Board decisions

The Board has determined that the veteran had full-body exposure to mustard gas during his military service, which is a qualifying condition for presumptive service connection.,The veteran's post-service medical history shows he was diagnosed with chronic obstructive pulmonary disease, including chronic bronchitis and emphysema. The Board finds this condition contributed substantially to his death.

The Board of Veterans' Appeals has determined that the veteran's preexisting asthma was aggravated by his military service, leading to a diagnosis of COPD. As such, the claim for service connection is granted.

The Board denied the veteran's claims for increased ratings and service connection, but granted a 20 percent rating for his lumbosacral strain.

The Board found that the veteran's current lung disability including COPD was not present during service or for many years thereafter, and it was not caused by any incident of service. Therefore, the claim for service connection is denied.

The Board denied the veteran's claims for service connection for basal cell carcinoma of the neck and chronic obstructive pulmonary disease (COPD) due to exposure to herbicides. The claim for porphyria cutanea tarda was reopened based on new evidence.,There is no direct or secondary service connection established for any of the conditions.

The veteran's service-connected disabilities, including diabetes mellitus, chronic obstructive pulmonary disease, and status post L4-5 diskectomy for herniated nucleus pulposus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a total rating based on individual unemployability are met.

The veteran's claim for specially adapted housing or special home adaptation grant is denied because he does not meet the criteria for financial assistance due to his non-qualifying service-connected disabilities.

The Board has granted service connection for the cause of the veteran's death due to his service-connected hypertension contributing substantially and materially to his death. The appellant is also granted Dependents' Educational Assistance benefits.

The Board denied the veteran's claims for service connection for the cause of his death, eligibility for accrued benefits, and eligibility for Dependents' Educational Assistance (DEA) due to lack of evidence supporting these claims.

The veteran's death was caused by chronic obstructive pulmonary disease and hypoxia and hypercapnia due to sleep apnea, which were not related to his service-connected Arnold-Chiari malformation type I with weakness of the right and left lower extremities and nystagmus. The Board found that these conditions did not contribute substantially or materially to the cause of death.

The Board granted service connection for COPD and established an effective date earlier than February 1996 for the veteran's right lung carcinoma, based on presumptive exposure to herbicides in Vietnam.

The veteran's claim for service connection for COPD, emphysema, bronchitis, and asthma is remanded due to the need for additional development of his medical records.

The Board has determined that the veteran's service-connected chronic obstructive pulmonary disease does not warrant an evaluation in excess of 60 percent. The issue of entitlement to TDIU benefits is also denied.

The veteran was granted service connection for COPD, effective from December 4, 1997. The appeal is based on a presumption of service connection due to exposure to mustard gas during World War II.

The veteran's conditions do not meet the criteria for an increased rate of pension based on need for regular aid and attendance or housebound status.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that the veteran's COPD and heart disease were not incurred in service or due to nicotine dependence incurred there. The law was amended prohibiting such claims.

The Board denied the veteran's claim for service connection of COPD, finding that his condition resulted from a long-standing tobacco addiction and thus was not incurred in or aggravated by military service.

The Board denied the appellant's claims of service connection for the cause of the veteran's death and DIC benefits due to a prohibition on service connection for tobacco-related disabilities.

The Board denied the appellant's claim for additional death pension benefits based on a need for regular aid and attendance or being housebound due to her inability to meet the criteria for such benefits.

The veteran's bronchial asthma with COPD is currently rated at 30 percent, but the evidence shows that his FEV-1 is less than 40 percent predicted and he requires daily bronchodilator therapy. The Board has determined this warrants a 100 percent rating.