Chronic bronchitis decisions — 2005

The Board denied service connection for the veteran's claimed conditions, finding that none of them were incurred in or aggravated by active service.,Service records did not show any evidence of shrapnel wounds, peptic ulcer disease, pulmonary tuberculosis, left shoulder fractures, myocardial infarction, bronchitis, or psychoneurosis with depressive reaction during the veteran's military service.

The Board has remanded the case for scheduling a Travel Board hearing between October 16 and May 15, 2005.

The Board found that the additional evidence received since February 2000 does not relate to an unestablished fact necessary to substantiate the claim, and thus, the claim may not be reopened.

The Board denied service connection for liver damage due to INH therapy and chronic bronchitis, finding no current disability resulting from these conditions.

The veteran's initial ratings for bipolar disorder and bronchitis have been granted. The veteran is entitled to a compensable rating for his left ankle fracture, effective March 29, 2004. His claim of entitlement to separate 10 percent ratings for tinnitus in each ear lacks legal merit. He is not entitled to a compensable evaluation for bilateral hearing loss.

The Board denied the veteran's claims for an increased rating for bronchitis and service connection for heart disease, finding that his symptoms did not meet the criteria for a higher disability rating under either the old or new VA rating criteria. The veteran was also found to have no evidence of a heart disease or hypertension as a result of his service-connected bronchitis.

The veteran's claim for a rating in excess of 30 percent for asbestosis was granted.,An effective date of September 20, 2002 was assigned for the grant of service connection for chronic obstructive pulmonary disease with bronchitis, emphysema, and cor pulmonale with congestive heart failure.

The Board found that the veteran's claimed conditions are not related to his active service and denied all claims for service connection.

The RO reduced the veteran's rating for bronchitis from 100 percent to 30 percent, and also granted an increased rating of 30 percent. The reduction was proper based on improvement in the severity of his condition.

The Board has determined that the veteran does not have chronic bronchitis and that any episodes of bronchitis are not related to service exposure. As a result, the claim for service connection for bronchitis is denied.

The Board has denied the veteran's claims for service connection for bronchitis and post-traumatic stress disorder as there is no evidence of current disabilities or in-service events/stressors that are related to these conditions.

The Board has determined that service connection is granted for chronic cough/bronchitis, but not for right shoulder or right knee disabilities.

The Board denied the veteran's claims for increased ratings for asthmatic bronchitis, low back strain, and hypertension. The veteran's asthma was rated at 60 percent, his low back strain at 20 percent, and his hypertension at 10 percent.

The veteran requested to withdraw their appeal, and the Board has dismissed it.

The Board has determined that there is no current diagnosis of chronic bronchitis and the available objective medical evidence shows no diagnosis of chronic bronchitis. The veteran's claim for service connection for chronic bronchitis is denied.

The Board has determined that the veteran's claimed low back, neck, groin skin, chest pain/bronchitis, and headache disorders are not related to his active service.

The Board denied the veteran's petitions to reopen his claims for service connection for bronchitis, bilateral ankle disability, cellulitis of the right leg, and a blood disorder secondary to cellulitis of the right leg. The evidence submitted did not meet the criteria for reopening any of these claims.

The veteran's claim for service connection for bronchitis is being remanded due to the need for an additional VA examination.

The Board found that the April 1958 rating decision severing service connection for sinusitis and bronchitis did not contain clear and unmistakable error (CUE). The veteran's sinusitis was determined to have existed prior to his military service, and it was not established that there was any increase of disability in service upon which a finding of aggravation might be made. Therefore, the Board denied the claim for service connection for these conditions.

The Board has granted service connection for respiratory disorders other than service-connected asthma, classified as allergies and bronchitis. The other issues involving service connection for an eye disorder and initial compensable evaluations for right and left carpal tunnel syndrome are addressed in the REMAND portion of the decision.