Chronic bronchitis decisions — 2004

The Board has remanded the case due to procedural issues and additional evidence needs to be considered.

Service connection for left ear hearing loss and bronchitis is denied.,Service connection for chronic prostatitis, claimed as the residual of exposure to Agent Orange, is granted on a presumptive basis.

The veteran's claims for increased evaluations and an earlier effective date were denied. The appeal of the November 1983 rating decision regarding service connection for allergies, asthma, and arthritis was also denied.

The VA has determined that the appellant meets the schedular requirements for a total disability rating based on individual unemployability due to his service-connected asthmatic bronchitis, but finds that it is not of such severity as to preclude substantially gainful employment.

The veteran's claim for service connection for a lung disability, including asbestosis and bronchitis, is being remanded due to the need for additional development of evidence.

The Board has determined that the veteran's service-connected pulmonary tuberculosis, far advanced, inactive with chronic obstructive pulmonary disease (COPD) and chronic bronchitis warrants a rating of 60 percent under the old criteria for evaluation of residuals of inactive pulmonary tuberculosis.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has determined that the veteran does not have PTSD, residuals of a laceration of the knee, bronchial asthma, or chronic bronchitis as a result of service. The claim to reopen for pulmonary tuberculosis (PTB) was denied due to lack of new and material evidence.

The Board denied the veteran's claim for an evaluation in excess of 30 percent for conversion reaction with back pain and TDIU benefits, finding that the decision was not clearly and unmistakably erroneous.

The veteran's claims for service connection for a chronic lung disorder, laryngitis, and skin cancer due to mustard gas exposure in service were granted. The Board found that the veteran had full-body exposure to mustard gas during World War II and developed a chronic lung disorder which was related to this exposure.

The Board has received notification from the appellant that they wish to withdraw their appeal, and thus the appeal is dismissed.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new examination. The veteran's claims will be readjudicated after this is done.

The Board denied service connection for chronic bronchitis, finding no evidence of a diagnosis during service and insufficient medical evidence linking the current condition to military service.

The Board found that the reduction of the veteran's disability compensation benefits to the 10 percent rate effective February 2, 1998 was appropriate due to his incarceration for a felony conviction.

The Board granted a 60 percent rating for the service-connected chronic bronchitis, bronchial asthma effective December 12, 2000 and granted TDIU effective that same date. The veteran is seeking an earlier effective date.

The Board denied the appellant's claims for DIC benefits under 38 U.S.C.A. § 1151 and dependents' educational assistance pursuant to Chapter 35 of Title 38, United States Code. The Board found that there was no clear and unmistakable error in the April 1954 RO rating decision regarding service connection for a psychiatric disability or any other condition. Additionally, the Board determined that the veteran's death did not result from VA medical care.

The Board found no evidence of current residuals of pneumonia and concluded that the veteran's pre-existing lung disability, including asthma, did not worsen during service. The claim was denied.

The Board found no evidence to support the veteran's claim that his current respiratory disorders, including sinusitis and bronchitis, are related to service. The VA examiner concluded there was no chronic sinus infection or bronchitis present in the veteran.

The Board denied the veteran's claims for service connection for hypertension, chronic bronchitis, and a skin condition presumed to be related to herbicide exposure. The claim for increased evaluation of PTSD was remanded.

The Board has determined that the veteran's current allergic bronchitis and chronic sinusitis were incurred during his active service, with reasonable doubt resolved in favor of the veteran.