COPD Board decisions

The Board finds that the appellant's disabilities do not render him housebound or in need of regular aid and attendance, thus denying his claims for special monthly pension by reason of being in need of regular aid and attendance of another person or on account of being housebound.

The Board has reopened the veteran's claims for service connection for COPD and asthma due to new evidence submitted since the June 1990 rating decision. However, the claim remains well grounded as there is no direct or presumptive evidence linking these conditions to service.

The Board has determined that the claim of service connection for the cause of the veteran's death is not well grounded, as there is no competent medical evidence linking his death to his active service or any service-connected disabilities.

The Board has determined that the claims for service connection for COPD, claimed as due to in-service smoking of tobacco, and nicotine dependence are not well grounded.

The Board has determined that the veteran's claims for service connection for carcinoma of the larynx and COPD due to tobacco use are not well grounded.

The veteran died from chronic obstructive pulmonary disease, which was not service-connected. The claim for service connection for the cause of death is denied.

The veteran's service-connected conditions do not meet the criteria for a permanent and total disability rating, which would preclude an average person from engaging in substantially gainful employment.

The Board denied the veteran's claims for service connection and increased ratings, but remanded some issues to the RO for further development.

The Board has dismissed the veteran's appeal for service connection on all issues due to a lack of an adequate substantive appeal.

The Board has granted the veteran's claim of entitlement to service connection for chronic obstructive pulmonary disease (COPD), secondary to his service-connected residuals of a penetrating gunshot wound of the right chest.

The veteran died from a non-service-connected illness and did not meet the criteria for VA burial benefits as he was not in receipt of VA compensation or pension at the time of his death, had no pending claims, and was not properly hospitalized by the VA.

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $670.00, finding that recovery would be against equity and good conscience.

The Board found that the veteran's death was not caused by a service-connected disability and thus denied claims for service connection for the cause of death, dependency and indemnity compensation under 38 U.S.C.A. § 1318, and dependent's educational assistance.

The veteran's claim for service connection for chronic obstructive pulmonary disease was denied as there is no competent medical evidence linking the condition to his military service. The RO also found that he did not meet the initial burden of presenting evidence to justify a belief by a fair and impartial individual that his claim of service connection is plausible.

The Board found no evidence of service connection for the veteran's claimed conditions, including right orchiectomy, ruptured tympanic membrane, skin cancer, colon cancer, and COPD. The preexisting conditions were not aggravated by service.

The Board found that the veteran's claim for service connection for COPD, claimed as secondary to tobacco use during service, is not well grounded.

The veteran's claim for PTSD has been reopened and is well-grounded. His lung disease secondary to Agent Orange exposure is also well-grounded, and he is granted a rating of 10% for his left ring finger injury.

The Board found that the veteran's claim for service connection for COPD, claimed as emphysema due to tobacco use during service is not well grounded. The evidence did not show nicotine dependence or a causal relationship between the veteran's COPD and his tobacco use during service.

The Board has remanded the case for further development, including obtaining medical records and determining whether the veteran's claims are well-grounded. The issues of service connection for postoperative residuals of vocal cord polyps with hoarseness (claimed as chronic laryngitis with loss of voice), bilateral knee disability, and chronic obstructive pulmonary disease with emphysema due to asbestos exposure will be considered.

The Board has determined that the veteran's current lung disorder, including COPD, was incurred as a result of service and granted service connection for this condition.