COPD Board decisions

The veteran's death was caused by renal failure due to or as a consequence of chronic obstructive pulmonary disease and pneumonia, which is service-connected. The veteran also had basic eligibility for Dependents' Education Assistance (DEA) under the provisions of 38 U.S.C., Chapter 35.

The Board has remanded the case due to new legal requirements and the need for additional development of evidence. The veteran's claims for service connection are pending, as is his claim for a higher rating for PTSD.

The veteran's claims for service connection are being remanded due to a significant change in the law, specifically the Veterans Claims Assistance Act of 2000. The case will be readjudicated by the RO after necessary development and notification.

The Board found that the veteran's claims for service connection for a chronic respiratory disability, including pneumonia, influenza, COPD, and bronchiectasis, as well as sinusitis, were not supported by the evidence. The preponderance of the evidence indicated no direct relationship between these conditions and his military service.

The Board has determined that the case should be remanded to determine the extent of the veteran's COPD and its relationship to service.

The veteran died from respiratory failure due to COPD, which was not caused by his service-connected psychoneurotic anxiety state. The Board denied the claim for service connection and also denied dependents' educational assistance benefits.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound.

The Board has granted service connection for nicotine dependence, chronic obstructive pulmonary disease, and right lung cancer, finding that these conditions are proximately due to or the result of nicotine dependence incurred during active service.

The veteran's claims for increased evaluations and service connection were denied. The RO has developed all evidence necessary, but the residuals of shrapnel wounds are not shown to warrant higher ratings.

The VA denied increased evaluations for the service-connected right ankle fracture residuals and COPD, but granted service connection for a skin rash.

The Board has determined that the appellant's physical conditions, including left leg brace, special shoes, wheelchair, quad-cane, and other disabilities, necessitate regular aid and attendance of another person. As a result, the claim for special monthly allowance based on need for aid and attendance is granted.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death, which was attributed to cor pulmonale due to COPD and osteoarthritis of the thoracic spine.

The VA has denied the veteran's claim for an evaluation in excess of 10 percent for COPD secondary to asbestosis, finding that his PFT results do not meet the criteria for a higher rating under Diagnostic Code 6604 or 6833.

The Board has determined that the veteran's service-connected right shoulder disability warrants a 20 percent evaluation, and his service-connected right chest disorder does not warrant an increased rating.

The Board granted service connection for nicotine dependence and COPD as secondary to the veteran's service-connected conditions, but denied an effective date prior to May 4, 1998.,Service connection was also granted for heart disease as secondary to nicotine dependence and COPD, with a denial of an earlier effective date due to the filing being after June 10, 1998.,The veteran's heart disease is found to be secondary to his service-connected conditions.

The Board has determined that the veteran does not meet the criteria for special monthly pension due to the need for regular aid and attendance or housebound status based on his psychiatric disorders, other than visits to the VA Medical Center.

The veteran's service-connected asbestosis with chronic obstructive pulmonary disease and chronic bronchitis does not meet the criteria for a total rating based on individual unemployability due to his disability.

The Board has reopened the claims for vision and lung disabilities, but denied service connection due to lack of evidence linking these conditions to military service. The lung disability was granted based on new evidence showing exposure to 'Agent Orange' during service.

The Board denied service connection for the cause of death, eligibility for Dependents' Educational Assistance benefits under Chapter 35, and entitlement to Dependency and Indemnity Compensation (DIC) benefits under Chapter 1318 due to the veteran's COPD being secondary to nicotine dependency acquired in service.