Chronic bronchitis decisions — 2000

The Board denied the veteran's claims for service connection due to a finding of clear and unmistakable error in a rating decision from February 1979, which did not consider intervertebral disc syndrome. The veteran served on the Enewetak Atoll Clean Up project where he was exposed to radiation.

The Board granted an increased rating for the veteran's pulmonary sarcoidosis and asthmatic bronchitis from 30 percent to 60 percent, effective as of July 2000.

The VA denied the veteran's claim for service connection for chronic obstructive pulmonary disease with bronchitis, claiming it was secondary to tobacco use or nicotine dependence. The denial is based on the fact that the claim was not well grounded.

The Board found that the veteran's death was not caused by a service-connected condition, and thus denied the claim.

The Board has granted service connection for PTSD, Generalized Subcutaneous Lipomatosis, Chronic Bronchitis, COPD with a Predominant Asthmatic Component (secondary to herbicide exposure), and a Left Knee Disability secondary to a Service-Connected Low Back Disability. The veteran's service-connected scars, the residuals of excised lipomas, are rated as 10% disabling.

The Board found that there is no reasonable possibility that further VA assistance would substantiate the claim for service connection for bronchitis, and concluded that the criteria for service connection are not met.

The Board has denied the veteran's claims for service connection for various conditions, including a left foot disability, irritable bowel syndrome, back disability, collapsed lung, bronchitis, and a gynecological disorder (claimed as cervicitis with dysplasia).

The Board has determined that additional development is needed due to changes in the law and new evidence received by the VA. The case will be returned for further action.

The Board has denied the veteran's claims for service connection for bronchitis, right foot disability, and arthritis. The right foot disability is considered congenital in origin but aggravated by service. Arthritis is not shown to have resulted from service or be related to a pre-existing condition.

The veteran's claim for service connection for acquired nicotine dependence, with secondary bronchitis and pneumonia is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's appeal for service connection on all issues related to his tobacco use and nicotine dependence has been dismissed due to the withdrawal of his appeal for a nervous disorder.

The Board denied the reopening of a claim for service connection for chronic obstructive pulmonary disease, bronchitis and emphysema due to lack of new and material evidence.

The veteran's appeal has been dismissed due to his death.

The Board denied service connection for chronic respiratory disability, including bronchitis. The claims for increased ratings of superficial varicosities of the lower extremities, status post right inguinal herniorrhaphy, and bilateral pigmentary glaucoma were not granted.

The VA Regional Office has remanded the case for additional development due to incomplete pulmonary function studies, including a lack of diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO(SB)).

The VA has granted a 60 percent disability rating for the veteran's service-connected bronchitis, effective October 1995.

The Board has determined that the veteran's current sinus and lung conditions, diagnosed as chronic rhinosinusitis, bronchial asthma, and chronic bronchitis, were likely caused by exposure to environmental conditions while serving in Korea.

The veteran's claim for an annual clothing allowance is denied as his need to use diapers does not meet the legal requirements for such a benefit.

The veteran's appeal for service connection for nicotine dependence and COPD, emphysema, and chronic bronchitis (claimed as secondary to in-service tobacco use) has been dismissed due to the death of the veteran.