Chronic bronchitis decisions — 2001

The Board has determined that the veteran did not incur a bilateral shoulder disability as a result of active service. The claims for respiratory disorder, arthritis of the right knee, and gastrointestinal disorder have been reopened due to new evidence submitted since the previous final decision but remain denied.

The Board has denied the veteran's claim for an increased rating for his service-connected chronic asthmatic bronchitis, finding that there is no medical evidence to support a higher disability rating.

The Board has denied the veteran's claims of entitlement to service connection for bronchitis and a neck disorder due to lack of current diagnoses.

The veteran's initial compensable evaluation for nicotine dependence is denied. The RO will conduct further development and readjudicate the issues, including considering Fenderson v. West (1999) with respect to the veteran's claim for a higher initial rating for bronchitis.

The Board has determined that the veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, consistent with his education and previous work experience. Therefore, the appeal for a total rating based on individual unemployability due to service-connected disabilities is granted.

The Board has determined that further development is needed to ensure compliance with recently enacted legislation and to clarify the veteran's diagnostic picture and obtain an opinion as to the etiology of any current respiratory disorder.

The Board has granted the veteran's application to reopen his claim for service connection for bilateral hearing loss, finding that new and material evidence has been submitted. The claims for tinnitus and bronchitis remain denied.

The Board has denied the veteran's claim for a higher rating for allergic asthmatic bronchitis, as it does not meet the criteria for a higher evaluation under either the old or new VA rating criteria. The issues of evaluating cervical and lumbar spine myositis are deferred pending adjudication of service connection for cervical and lumbar disc disorders.

The VA has denied the veteran's claim for an increased evaluation for his service-connected chronic obstructive pulmonary disease, as it does not meet the criteria for a higher rating based on current medical evidence.

The veteran's appeal is being remanded for a Travel Board hearing at the RO. If his claims are still denied, he will be provided with a supplemental statement of the case.

The Board has granted the appellant's claims for service connection and increased ratings for various conditions, effective from October 12, 2023.

The Board denied an increased rating for the veteran's bronchiectasis with chronic obstructive pulmonary disease and a history of bronchitis, finding that his current disability level is adequately represented by the 60 percent evaluation currently in effect.

The Board denied the veteran's request to reopen his claim for service connection for bronchitis with emphysema, finding no new and material evidence.

The Board has restored the appellant's 10% disability rating for bronchitis from November 7, 1996. The issues of service connection for osteoarthritis of the right knee and secondary service connection for left knee disorder are remanded for further development.

The Board has granted the appellant's claim of entitlement to service connection for chronic bronchitis, but did not assign a compensable rating.

The Board has reopened the veteran's claim for residuals of a right knee injury. However, the claims for hypertension with heart disease and other conditions have been denied as there is no evidence showing service connection.

The veteran's service connection claims for arthritis of the knees, hips, neck, and hands as well as bronchitis have been granted. The claim for higher rating for gastroesophageal reflux has also been granted with a 30% evaluation effective from September 1991.

The Board found that the veteran's heart disability was not incurred in or aggravated during service and denied his claim for increased evaluation of bronchitis. The veteran's only service-connected condition is bronchitis, which has been rated at 30 percent.

The Board denied the appellant's claims for service connection for the cause of her husband's death and payment of Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C.A. § 1318, finding that there was no legal basis to grant either claim due to a change in law regarding tobacco-related disabilities.

The Board found that the appellant does not meet the criteria for special monthly pension benefits based on the need for regular aid and attendance of another person, as he is not helpless or blind, nor so nearly helpless or blind as to require such assistance. The RO has also awarded a 30 percent rating for mood disorder, 10 percent ratings for hypertension and enlarged prostate with nocturia, and noncompensable ratings for bronchitis and gastritis/pancreatitis.