The Board denied service connection for the cause of the veteran's death, finding that COPD was not caused by any incident of service and was not related to tobacco use in service. The claim for DIC benefits under 38 U.S.C.A. § 1318 was also denied due to lack of a continuous period of ten years or more prior to his death where the veteran was rated totally disabled.
The deciding factor: The Board found that COPD, which caused the veteran's death, did not have its onset during service and was not related to tobacco use in service. The appellant had not established a right to receive total service-connected disability compensation from VA for at least ten years prior to his death.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2003
- Citation
- 0304307
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0304307.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
- Denied
The Veteran's COPD was evaluated and found not to meet the criteria for a compensable disability rating based on the provided pulmonary function test results. The Board denied the claim as there is no evidence of service connection or exposure basis that would warrant a higher rating.
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