Chronic bronchitis decisions — 2003

The Board denied an increased rating for the veteran's service-connected lung condition and determined that new and material evidence had not been received to reopen a claim for a 100 percent rating for the period from October 31, 1956, to March 14, 1967.

The veteran's PTSD is rated at 50 percent, and he meets the criteria for a total rating based on unemployability due to service-connected disabilities.

The Board granted an increased rating of 100 percent for the veteran's service-connected asthmatic bronchitis, effective from the date of the decision.

The Board has determined that the veteran's chronic respiratory/pulmonary disorder, including asthma and COPD, was incurred in service. The condition is presumed to have developed due to a pre-existing post-tubercular calcification or other reflection of tuberculosis exposure during service.

The Board denied the veteran's claim for service connection for asthma and emphysema, as they were not shown to be related to his active service or mustard gas exposure.

The Board denied the veteran's claims for an initial compensable evaluation for bilateral hearing loss, service connection for bronchitis, and service connection for loss of creative ability. The RO had previously granted service connection for PTSD with a 10 percent evaluation effective March 23, 1998.

The Board has granted service connection for tinnitus and gastroesophageal reflux disease, both of which were incurred during the veteran's active duty service.

The Board denied the veteran's claims for service connection for cardiovascular disease with mitral valve prolapse, an initial rating in excess of 20 percent for GERD, a higher evaluation for dysthymic disorder, and an increased evaluation for chronic bronchitis.

The veteran's case is being remanded for additional development, including obtaining medical records and clarifying his wishes regarding representation.

The Board denied the veteran's claims for increased evaluations for chronic bronchitis and PTSD, finding that the evidence did not meet the criteria for a higher evaluation under applicable VA rating criteria.

The veteran's service connection for hemorrhoids and bronchitis was granted. The initial evaluations for degenerative disc disease, chronic sinusitis with allergic rhinitis, and residuals of a fracture of the right ring finger with traumatic arthritis (major) were increased to 40 percent, 30 percent, and noncompensable respectively.

The Board has dismissed the veteran's appeal due to his failure to respond to requests for additional evidence within one year of being notified, and thus deemed the claims abandoned.

The veteran's claims for service connection for chronic bronchitis and migraine headaches are denied. The initial ratings for right shoulder impingement syndrome (30%) and left shoulder impingement syndrome (20%) are granted, but the claim for increased rating of migraine headaches is denied.

The Board has granted service connection for chronic bronchitis and remanded the issues of service connection for asthma and allergic rhinitis.

The Board denied the veteran's claims for service connection for nicotine dependence, emphysema, and bronchitis due to a lack of evidence showing these conditions were caused by service. The decision also noted that the veteran's claim was received after June 9, 1998, which barred tobacco-related claims.

The Board found that a chronic lung disability was not incurred in or aggravated by the veteran's active duty service, nor may it be presumed to have been incurred in or aggravated by such service.

The Board dismissed the appeals for service connection of low back disorder, bronchitis, skin disorder as an undiagnosed illness, and joint pain of right elbow, left knee, and bilateral wrists due to an undiagnosed illness. The appeals were not timely filed.

The veteran's claim for an evaluation in excess of 60 percent for asbestosis with chronic bronchitis was denied by the RO.

The Board denied the veteran's claims for service connection for chronic bronchitis and residuals of spontaneous pneumothorax on the merits.

The Board has determined that the veteran's claims to reopen his previously denied service connection for sinus disorder and bronchitis have been denied. The evidence submitted did not meet the criteria of new and material evidence.