Chronic bronchitis decisions — 2001

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The veteran's overpayment of compensation benefits was not solely due to VA administrative error, and therefore the claim for a waiver is denied.

The Board has determined that the veteran had full-body exposure to mustard gas during his military service, which is a qualifying condition for presumptive service connection.,The veteran's post-service medical history shows he was diagnosed with chronic obstructive pulmonary disease, including chronic bronchitis and emphysema. The Board finds this condition contributed substantially to his death.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for bronchitis due to mustard gas exposure, as the provided evidence was either cumulative or did not relate to the significant questions of onset in service or exposure to mustard gas.

The veteran's claims for service connection were denied, with the exception of a finding that his Persian Gulf service may have contributed to some of his undiagnosed illness symptoms. The specific conditions and issues are not granted.

The Board denied the veteran's claims for service connection and increased ratings for various conditions, including bronchitis, bilateral knee condition, bilateral leg pain, concussion, right shoulder dislocation, degenerative disc disease of the lumbar spine at L5-S1, and bilateral hearing loss.

The Board found no evidence of a relationship between the veteran's current chronic bronchitis and respiratory disorders treated in service, leading to a denial of his claim for service connection.

The Board denied service connection for various conditions, including a left foot and/or ankle disorder, low back disorder, skin disorders of the feet, bronchitis, and sinusitis. The veteran's pre-service fracture was not considered to have increased in severity during service.

The veteran's claim for service connection for COPD, emphysema, bronchitis, and asthma is remanded due to the need for additional development of his medical records.

The Board has determined that additional medical records and development are needed to properly adjudicate the appellant's claims, including obtaining VA and private treatment records, scheduling a VA examination for his service-connected residuals of cholecystectomy, and considering whether new and material evidence has been submitted to reopen his claim of entitlement to service connection for bronchitis.

The Board has found new and material evidence to reopen the claim for service connection for a respiratory disorder, including residuals of pneumonia as well as sinusitis and bronchitis. The veteran's current respiratory symptoms are believed to be related to his military service in Vietnam.

The veteran has withdrawn his appeal, and the case is dismissed without prejudice.

The Board granted increased evaluations for the veteran's service-connected panic disorder, hypertension, and asthma with a history of bronchitis. The veteran was assigned a 10 percent evaluation for each condition effective from January 1, 1997.

The Board has granted service connection for bronchial asthma and reactive bronchitis, but denied the claim for an undiagnosed respiratory illness.

The Board denied the veteran's claim of entitlement to service connection for a chronic lung disorder, including asthma, asthmatic bronchitis and reactive airway disease. The evidence submitted since the April 1997 decision was not new and material.

The veteran's claim for increased rate of nonservice connected pension by reason of being in need of regular aid and attendance of another person; or on account of having a permanent disability that is 100 percent disabling, with either a separate disability ratable independently at 60 percent disabling or being housebound is remanded due to the need for additional development including obtaining medical records and conducting examinations.

The Board has determined that the veteran's current disabilities are not related to his active service, including exposure to ionizing radiation. The evidence does not show any participation in a radiation-risk activity or exposure to ionizing radiation during service.

The Board has remanded the case to the RO for further development and readjudication, including consideration of specific provisions related to vocational rehabilitation training.

The Board denied the veteran's claims for service connection and increased ratings, as well as other issues.

The veteran's increased rating for bronchitis with history of punctured lung was granted by the RO in June 1998, but she appealed and it was subsequently granted to a 30 percent disability rating.