Chronic bronchitis decisions — 2004

The Board denied the veteran's claims for increased evaluations of his generalized anxiety disorder and bronchitis with COPD, as well as his claim for TDIU based on service-connected disabilities. The current ratings are considered appropriate.

The Board found that the reduction of the evaluation for the service-connected respiratory disability from 30 to 0 percent effective October 1, 2002 was improper.

The Board found that the February 1977 rating decision denying service connection for asthma was not clearly and unmistakably erroneous. The earlier effective date claim remains pending.

The Board denied the veteran's claims for service connection for various conditions, finding no evidence of chronic disabilities in military service and insufficient medical nexus to link current conditions to service.

The Board has granted service connection for genitourinary conditions, including recurrent bladder infections and prostatitis. Service connection was denied for hypertension, vertigo, sinusitis, bronchitis, and a skin rash.

The Board found that the veteran did not perfect a timely appeal for the denial of service connection for hypertension. The claim for bronchitis was also denied.

The Board denied the veteran's claims for increased ratings for hypertension, respiratory disorder (COPD with bronchitis), bilateral hearing loss, and otitis externa. The criteria for evaluating these conditions were in effect at the time of his claim.

The veteran's claims for service connection and proper initial ratings on various conditions were denied. The Board found that the evidence did not support a grant of service connection or an appropriate rating for any of the claimed conditions.

The Board has determined that the veteran's skin disorder and chronic bronchitis were incurred in service, leading to a grant of service connection for both conditions.

The Board found that the veteran's lung disability, prostatitis and personality disorder were not incurred or aggravated by his active duty service. The VA examinations did not provide evidence linking these conditions to his military service.

The veteran's chronic sinusitis and bronchitis with mild airway obstructive disease are rated at the current 10% level, which is considered appropriate under both old and new rating criteria.

The veteran's claim for a higher disability rating for his service-connected emphysema and bronchitis is being remanded due to procedural issues, including the need for updated evidence and a more comprehensive examination.

The Board found that the veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service.

The Board denied the veteran's claims for service connection for asthma, sarcoidosis, and bronchitis, as well as her claim for an increased rating for sinusitis. The veteran was granted a 10 percent rating for chronic pansinusitis under the criteria in effect prior to October 7, 1996.

The Board has granted service connection for COPD and emphysema as secondary to asbestos exposure, but remanded the issues of hypertension, congestive heart failure (CHF), and osteoporosis due to potential relationship with newly service-connected conditions.

The Board has reopened the claim for service connection for chronic bronchitis due to new and material evidence. The veteran's PTSD is rated at 50 percent disabling, with total occupational and social impairment.

The Board denied the veteran's claims for service connection for scoliosis and respiratory disorder (bronchitis) due to lack of new and material evidence. The VA clinical records did not establish a link between current disabilities and service.

The Board has determined that new examinations are necessary to determine the current status of the veteran's service-connected disabilities, and further development is required in order to comply with VA's notification requirements under the VCAA.

The Board has granted service connection for chronic bronchitis secondary to the veteran's service-connected sinusitis. The other issues are pending and will be addressed in a separate decision.

The Board will remand this case to comply with the July 2003 Court Order, ensuring all notification and development actions required by law are fully complied with.