Chronic bronchitis decisions — 2000

The veteran's claim for a total disability rating for pension purposes was denied. The Board found that he failed to present evidence of a well-grounded claim for service connection for back and lower extremity disabilities under the provisions of 38 U.S.C.A. § 1151.

The veteran's claims for service connection for various conditions, including malaria and beriberi, were denied due to lack of evidence. The claim for recognition as a POW was also denied because the veteran did not meet the criteria for being considered a POW for at least 30 days.

The veteran's claims for service connection for residuals of a fractured tailbone, residuals of frostbite of the feet, and residuals of fractured teeth are not well-grounded. The claim for diabetes mellitus secondary to frostbite of the feet is denied as it lacks legal merit. The claim for obstructive lung disease and chronic bronchitis secondary to nicotine dependence is granted with an evaluation of 30 percent.

The VA denied the appellant's claims for service connection for pulmonary tuberculosis (inactive) and acute bronchitis with asthma, finding that there was no evidence linking these conditions to his active duty for training.

The Board has denied the veteran's claims for service connection for chronic sinusitis, sarcoidosis, berylliosis, chronic bronchitis, and fatigue. The issues of service connection for these conditions are determined to be direct based on evidence showing they were incurred in service.

The Board found that the additional VA medical evidence did not provide a current diagnosis of bronchitis, and thus is not material to reopen the claim for service connection for acute bronchitis.

The Board dismissed the appeal because the veteran did not file a notice of disagreement with the initial 10% evaluation for bronchitis, and the issue is considered part of the original grant of service connection.

The Board has determined that the veteran's claim for service connection for a respiratory disability, claimed as secondary to mustard gas exposure, is well grounded. The VA will now review the merits of this claim and provide appropriate development.

The Board has reopened the veteran's claim of service connection for bronchitis, but finds it not well grounded due to lack of current diagnosis.

The veteran's claims for increased ratings for sinusitis, tinea pedis, and bronchitis are granted. The rating for sinusitis is now at 30 percent, the rating for tinea pedis remains at 10 percent, and the rating for bronchitis has been increased to 10 percent.

The Board found that the veteran's claims for service connection were not well-grounded, as there was no medical evidence linking his current conditions to his active service or chemical exposure.

The Board found no evidence of a nexus between the veteran's current pulmonary conditions and his military service, including as secondary to his service-connected PTB. The veteran's claim for increased evaluation for service-connected PTB was also denied.

The veteran's service-connected residuals of a left knee injury are currently rated at 20 percent, effective October 1, 1997. The RO denied his claim for increased evaluation prior to this date and also denied service connection for bronchitis. His right iliac and femoral artery occlusion is currently rated at 20 percent from March 12, 1992, to January 11, 1994, and 40 percent thereafter.

The veteran's lung condition, including bronchitis, asthma, chronic obstructive pulmonary disease and emphysema, is being remanded for further examination and review of medical records.

The Board denied the veteran's claims of service connection for a respiratory and cardiovascular disability, finding no evidence linking these conditions to his military service. The claim for reopening a bilateral eye disability was also denied.

The Board has determined that the veteran's claim of service connection for chronic bronchitis, laryngitis, and cataracts due to claimed exposure to mustard gas is well-grounded. The RO should verify the veteran's exposure to mustard gas and pursue appropriate development.

The Board found that the veteran's pulmonary tuberculosis clearly existed prior to his entry into military service and was not aggravated during service. The claims for bronchitis, asthma, and hypertension resulting from tobacco use in service were denied as there is no evidence of their presence or development during service.

The Board has determined that the veteran's claims for service connection for allergies, sinusitis, asthma, and bronchitis are not well grounded because there is no competent medical evidence of current diagnoses of these conditions.

The Board has granted service connection for chronic bronchitis and asthma, secondary to chlorine gas exposure during basic training. The issue of an initial evaluation in excess of 60 percent for service-connected intervertebral disc disease remains pending.