COPD Board decisions

The Veteran's service-connected disabilities are found to warrant the need for regular aid and attendance of another person, but a VA examination is needed to determine if these conditions alone cause such need.

The Board has found pre-decisional duty to assist errors and remanded the claims of entitlement to service connection for cause of death, DIC under 38 U.S.C. § 1318, and DIC under 38 U.S.C. § 1151 due to insufficient information in the record.

The Board denied the Veteran's claims for service connection for dysphagia and left lower extremity peripheral neuropathy, both claimed as secondary to his service-connected COPD.,The Board found that there was no causal relationship between the Veteran's conditions and his service-connected COPD.

The Veteran's claim for service connection for chronic obstructive pulmonary disease (COPD) is granted. The claims for service connection for multiple myeloma, deep vein thrombosis, and anemia are remanded.

The Board found that the reduction from a 60% to a 30% disability rating for the respiratory disability was proper due to clear and unmistakable error (CUE) in the January 2018 rating decision. The claim for restoration of the 60% rating is denied.

The Veteran's appeals for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were dismissed as the Veteran withdrew his appeals.,The Veteran was granted service connection for a gastrointestinal disorder (achalasia with esophageal stricture status-post dilation with GERD) due to herbicide agent exposure.

The Board has determined that the Veteran's claim for service connection for COPD, headaches, and anemia is denied. The claims are being remanded to allow for further development.

The Board has remanded the claims for service connection due to a lack of confirmation of exposure to herbicide agents on the U.S.S. Kitty Hawk, and requests that ship logbooks be obtained.

The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors, including obtaining service treatment records and scheduling a VA examination.

The Board has determined that the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are remanded due to insufficient VA examination opinions, unassociated VA treatment records, and potential errors in the June 2021 rating decision regarding service connection.

The Veteran's claims for service connection for bronchitis and COPD are being remanded due to a duty to assist error. A TERA medical opinion is needed to assess whether the conditions are related to in-service exposure, including contaminated water at Camp Lejeune and hazardous chemicals from his MOS duties as an aviation supply man.

The Board has denied service connection for COPD, insomnia, migraine headaches, asthma, right elbow bursitis, and a ventral hernia as there is no evidence of current disabilities during or shortly after the Veteran's separation from service.

The Board has decided that the Veteran's claim for service connection for COPD, including as due to asbestos exposure, should be remanded for further evaluation.

The Board denied the veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound due to his service-connected disabilities not meeting the criteria of needing regular aid and assistance or being permanently housebound.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding the etiology of the Veteran's COPD. The claim will be returned for further evaluation and a new medical opinion is required.

The Board has determined that the Veteran's claims for service connection for various conditions, including a sleep disorder, lung disability (including pneumonia, bronchitis, and COPD), neck disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, and bilateral foot disability are remanded due to duty-to-assist errors.

The Board denied the Veteran's claim for an increased rating for chronic bronchitis, finding that his FEV-1 was not at least 40- to 55-percent predicted or FEV-1/FVC at least 40 to 55 percent, which are required for a higher (60%) rating under Diagnostic Code 6600. The Veteran's current FEV-1 is 58% predicted.

The Board has decided to remand the case due to duty-to-assist errors and the need for an adequate toxic exposure opinion. The Veteran's COPD is being reviewed in light of his service, including potential jet fuel and exhaust exposure.

The Board has granted service connection for a respiratory disability, to include COPD, on a direct basis due to in-service exposure to environmental exposures, including burn pits.

The Veteran's claims for service connection on appeal are being remanded due to procedural errors and the need for further development regarding exposure to herbicide agents, asbestos, and hazardous chemicals. The Board will also obtain medical opinions to determine if the Veteran's current disabilities are related to his in-service duties.