Chronic bronchitis decisions — 2001

The Board has determined that the veteran's service-connected chronic bronchitis warrants a 100 percent rating based on pulmonary function test results showing FEV-1 less than 40% of predicted value.

The February 1946 rating decision denying service connection for arrested tuberculosis is not considered to involve clear and unmistakable error.,The veteran's claim for an effective date earlier than February 21, 1990, for a 100 percent rating for her service-connected psychophysiologic reaction with asthmatic bronchitis was denied as there were no prior formal or informal reopened claims before this date.

The veteran's lung disability, rated at 60 percent, is granted. The veteran also receives a total disability rating based on unemployability due to service-connected disabilities.

The Board denied the veteran's claims for an increased rating for his service-connected residuals of a blowout fracture and service connection for chronic sinusitis and bronchitis, finding that neither condition was shown to be related to service or secondary to another service-connected disability.

The Board has determined that the appellant's claim for service connection for asthmatic bronchitis is not well grounded and has been remanded to obtain additional evidence.

The Board found that the appellant's current respiratory disorders, including chronic bronchitis and residuals of spontaneous pneumothorax, were not related to his service. The Board determined that there was no link between these conditions and events in active duty.

The Board denied the veteran's claim to reopen his service connection for pneumonia with chronic bronchitis and COPD due to lack of new and material evidence.

The veteran's claims for higher ratings for bronchitis, residuals of fracture of the right thumb, and residuals of stress fracture of the left tibia were denied by the Board.

The Board denied the veteran's claims for service connection and evaluations for his claimed conditions, finding that none of the conditions were incurred in or aggravated by service.

The veteran's claims for service connection for alcohol abuse and drug abuse were denied due to the prohibition of such claims after October 31, 1990. The claim for bronchitis was denied in an unappealed rating decision dated in November 1991 because there was no evidence of bronchitis or exposure to poison gas in service. New and material evidence received since then did not provide a basis to reopen the claim.

The Board denied the veteran's claim for an increased rating for his service-connected bronchitis, finding that the evidence did not meet the criteria for a higher than 10 percent disability rating.

The Board denied service connection for the veteran's claimed conditions, including residuals of strained muscles of both legs and bronchitis. The claims were not reopened due to lack of new and material evidence.

The Board has determined that the veteran's bronchitis and obstructive sleep apnea were not incurred in or aggravated by active service.

The Board is remanding the case to determine if the cause of the veteran's death, COPD, was related to asbestos exposure during his service in the United States Navy.

The veteran's claims for chronic fatigue syndrome and an impaired immune system disorder, including bronchitis and other upper respiratory disorders, are denied as there is no evidence of current disability.

The Board denied the veteran's claim of entitlement to service connection for bronchitis, finding that there is no current disability related to military service.

The Board denied service connection for chronic bronchitis as there was no current disability found and the veteran's claim lacked competent medical evidence of a nexus to her active service.

The veteran's bronchitis with emphysema and torn medial meniscus of the left knee are both rated at their maximum levels, with no further increase in ratings possible.

The appellant's total disability picture results in the need for regular and constant use of a wheelchair or other assistive device as a normal mode of locomotion. However, his service-connected disabilities do not result in loss of use of any extremity, thus he does not qualify for a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board has denied the claim as there is no competent medical evidence linking the veteran's service-connected condition to his death.