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4,677 vetted Board decisions
The Veteran's claim for earlier effective date for service connection for asthma and COPD was denied as there is no evidence of an informal or formal claim prior to August 5, 2021. The liberalizing regulation that added a presumption of service connection for Gulf War exposure did not apply retroactively.
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 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, but there is no evidence of severe to complete paralysis or marked muscular atrophy.,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 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 are not addressed as they are being remanded.
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.
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 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.
The Board denied service connection for COPD and calcified pleural plaques, finding the evidence does not support a link to service or exposure.
The Board has determined that the Veteran's COPD is due to his military service, specifically exposure to burn pits in Vietnam. The evidence is at least balanced and supports this finding.
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 remands the claims for service connection for COPD, a lung disability other than COPD, a stomach condition, and a skin condition due to insufficient evidence regarding exposure to asbestos and the etiology of the claimed conditions.
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 Board has decided to remand the case due to a lack of adequate medical opinions regarding the Veteran's service connection claim for COPD, which is based on toxic exposure during military service.
The Veteran's claim for service connection for COPD was dismissed as the concurrent election of a higher-level review and an appeal to the Board led to confusion in the adjudication process.
The Board has granted service connection for a respiratory disability, including COPD and interstitial lung disease, finding that the evidence is in equipoise as to whether these conditions are related to the Veteran's in-service asbestos exposure.
The Board has decided to remand the claims of service connection for chronic cough, chronic sore throat, and COPD due to inadequate medical opinions in the October 2021 VA examination. The Veteran's claims will be reconsidered by the AOJ with a new opinion based on full review of the record.
The Board has decided to remand the case due to insufficient evidence regarding whether COPD is related to service, particularly Agent Orange exposure. The Veteran's in-service complaints and treatment for chest pain, bronchitis, and pleurisy are also being considered.
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