Chronic bronchitis decisions — 2005

The Board denied service connection for a right elbow condition, bronchitis, and heart condition. Service connection was granted for bronchitis. Hemorrhoids were not diagnosed or related to service.

The Board found that the veteran's current bronchitis is not related to his military service, and denied his claim for service connection. The right and left knee disorders were also not linked to service.

The Board has reopened the claim for service connection of a respiratory disorder characterized as breathing trouble, diagnosed as asthma and bronchitis with COPD. The evidence now submitted supports this finding.

The Board denied the veteran's claims for service connection for pulmonary tuberculosis, malaria, bronchitis, and pulmonary emphysema due to lack of new and material evidence for his claim of tuberculosis and insufficient medical evidence linking these conditions to service.

The veteran's claim for an increased rating for his service-connected chronic bronchitis was granted, with a 10 percent evaluation effective November 29, 2004. The issue of service connection for PTSD remains unresolved.

The veteran's death is being reviewed for possible service connection, but the appeal is currently on hold due to outstanding medical records and a need for a medical opinion. The appellant also seeks DEA benefits based on her husband's death.

The Board has determined that the veteran's current respiratory disorders, including asthma and bronchitis, were not incurred in or aggravated during active service. The evidence does not support a finding of a link between her current conditions and military service.

The Board denied the veteran's claims for service connection for prostate cancer, an immunodeficiency syndrome with chronic upper respiratory infections, sinusitis and bronchitis, peripheral neuropathy of both lower extremities, post-traumatic stress disorder, hearing loss, and tinnitus. The reasons were that there was no evidence to support a link between these conditions and the veteran's service or radiation exposure.

The veteran's claims for higher disability ratings for his service-connected lumbar spine and COPD conditions were denied. The RO found that the current ratings adequately reflect the severity of these disabilities.

The Board has reopened the veteran's claims for service connection for chronic obstructive pulmonary disease, bronchitis, a skin disorder, emphysema, and asthma, all claimed as secondary to mustard gas exposure. However, these claims are being remanded due to the need to obtain private medical records from Dr. B and ensure compliance with guidance on handling mustard gas and Lewisite exposures.

The Board finds that the veteran's chronic bronchitis, asthma, and COPD are service-connected as they developed during his military service due to environmental exposures and in-service treatment.

The veteran's claims for service connection for various conditions, including headaches and residuals of a subarachnoid hemorrhage, were denied as there is no competent medical evidence linking these conditions to active service.

The Board has determined that the veteran's bronchitis was not incurred in service and is not related to any disease or injury sustained during his active duty. The claim for service connection for bronchitis is denied.

The Board found that the veteran's chronic bronchitis was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has determined that new and material evidence was not received to reopen the veteran's claim of service connection for bronchitis and bronchiectasis.

The veteran's claims for service connection for bilateral hearing loss and chronic bronchitis were denied. Service connection was granted for TMJ locking on the right side, low back strain, and tendonitis of both ankles. Initial ratings were assigned at 10% for TMJ and low back strain, and 0% for ankle tendonitis.

The veteran's claims for service connection have been denied, and the April 1998 rating decision on his nervous disorder claim is not considered to be CUE. His pneumonia residuals and chronic bronchitis claims are not established, and compensation for tooth loss #3 and #14 is also not established. The gastrointestinal disorder claim due to nicotine dependence or tobacco use is barred as filed after June 9, 1998.

The Board has determined that the January 1999 rating decision granting service connection for nicotine addiction and chronic bronchitis was not clearly and unmistakably erroneous, and thus severed service connection for those disabilities in December 2000. The veteran's heart disease is found to be proximately due to his service-connected nicotine addiction.

The veteran's death was caused by coronary artery disease, which is service-connected. The appellant has established entitlement to DIC under 38 U.S.C.A. § 1318 based on the veteran's total disability rating due to his service-connected conditions.

The Board determined that the appellant was not entitled to any of the proceeds of the veteran's NSLI policy, and that the appellee was entitled to the full amount of the proceeds.