COPD Board decisions

The Veteran's COPD is presumed to be related to his service due to exposure as an Air Policeman, but the VA examiner found it less likely than not caused by herbicides. The Board has ordered a remand for a TERA-specific VA medical opinion regarding whether the COPD is related to service, including the Veteran's exposure to jet fumes.

The Veteran is granted a higher rate of special monthly compensation (SMC) at the r-1 level due to needing regular aid and attendance for two separate service-connected disabilities: PTSD and COPD.

The Veteran's chronic bronchitis with COPD and early emphysema caused his sleep apnea, which is granted as secondary to the service-connected condition.

The Board has determined that the Veteran was exposed to asbestos during service aboard Navy ships and should have been afforded a VA examination to determine whether his COPD is related to or had its onset in service. The case is being remanded for further action.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a duty to assist error, specifically missing VistA Imaging records that are pertinent to the claims.

The Board has remanded the case due to a failure to obtain Social Security Administration (SSA) records that may be relevant to the Veteran's claim for service connection of COPD.

The Veteran's claim for an earlier effective date for service connection for asthma and COPD was denied as there is no evidence of a prior informal or formal claim filed before the liberalizing regulation took effect, and retroactive benefits are only available if the Veteran met all eligibility criteria on the effective date of the law change.

The Veteran's hypertension is granted as service connected, with a rating of 100% effective from the date of this decision.,Service connection for COPD on a direct basis is granted, with a rating of 100% effective from August 10, 2022.

The Veteran's radiculopathy of the right lower extremity (posterior tibial nerve) and neuropathy of the right lower extremity (internal saphenous nerve) have not met the criteria for increased ratings. The right foot contusion injury residuals are rated at 20 percent, which is the maximum rating under the applicable diagnostic code.,The Veteran's COPD has not more nearly approximated forced expiratory volume in one second (FEV-1) of 56- to 70-percent predicted, or FEV-1/Forced Vital Capacity (FVC) of 56 to 70 percent, or DLCO (SB) 56- to 65-percent predicted.

The Board has denied service connection for COPD and lung cancer, finding that the Veteran's smoking history is more likely the cause of his current conditions. The exposure to asbestos and PFAS during service was not found to be significant or causative.

The Board has remanded the Veteran's claims for service connection for various conditions due to a lack of VA examinations and potential violations of the duty to assist.

The Board has remanded the claims for additional development due to pre-decisional duty to assist errors and recent passage of the PACT Act. The appellant's service connection claims will be reconsidered in light of these issues.

COPD and emphysema are granted service connection effective August 10, 2022. Bilateral hearing loss and other specified depressive disorder with anxious distress remain denied.

The Board has remanded the claims of service connection for COPD, OSA, and a back disability due to insufficient evidence and duty to assist errors.

The Board remands the issue of entitlement to service connection for a respiratory condition, including chronic obstructive pulmonary disease (COPD), for further development and consideration.

The Veteran's claims are remanded due to the need for further development and clarification of his exposure history, as well as new medical opinions regarding his stomach condition and skin conditions.

The Board denied the Veteran's claim for service connection for COPD, finding no evidence of its onset during or immediately after service and concluding that it is not related to herbicide exposure. The Board also found insufficient evidence linking COPD to any other in-service event.

The Veteran's service connection claims for impaired gait, chronic pain syndrome, pulmonary embolism, and COPD have been denied as the evidence does not support a finding that these conditions are directly related to his military service or secondary to his service-connected bilateral ankle disability.,Service connection for impaired gait was denied because it is considered a symptom of his already service-connected bilateral ankle disability. Service connection for chronic pain syndrome, pulmonary embolism, and COPD were also denied as the evidence does not support a finding that these conditions are directly related to his military service or secondary to his service-connected disabilities.

The appeal concerning the issues of COPD and nicotine addiction is dismissed. The Veteran's service connection for COPD was granted, but the appeal for nicotine addiction is denied as it is not a compensable disability.

The Board has determined that the Veteran's COPD is not service-connected because it was caused by his tobacco use, which is prohibited for claims filed after June 9, 1998.