Chronic bronchitis decisions — 2009

The Board has remanded the case due to incomplete service records and the need for further examination of the Veteran's claimed conditions.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Veteran's service-connected chronic bronchitis with emphysema results in Forced Expiratory Volume in one second (FEV-1) of 73 and 77 percent predicted, a ratio of FEV-1/FVC of 91 percent predicted, and a Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO(SB)) of 74 percent predicted. The criteria under Diagnostic Code 6600 do not warrant an evaluation in excess of 30 percent.

The Veteran's claims for increased ratings for tinnitus, bronchiectasis with recurrent bronchitis and pneumothoraces, varicose veins of the right lower extremity, and varicose veins of the left lower extremity have all been denied. The RO has assigned a single 10 percent rating for tinnitus, a 60 percent rating for bronchiectasis with recurrent bronchitis and pneumothoraces, a 10 percent rating for varicose veins of the right lower extremity, and no rating for varicose veins of the left lower extremity.

The Board found that the Veteran's respiratory disorder is not related to his military service and denied his claim for service connection.

The Veteran's claim for an increased rating of greater than 10 percent for residuals of an upper respiratory infection, to include dyspnea and chronic bronchitis, is being remanded due to the need for a new VA examination.

The Veteran's death was not caused by a service-connected disability, and the appellant's claim for accrued benefits is denied due to late filing.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's lung disorder, including chronic bronchitis, was not incurred in or aggravated by service. The evidence associated with the claims file since the December 1988 decision that denied service connection for a back disorder is new and material, and service connection for a low back disorder, to include as secondary to stress fractures of the right superior and inferior pubic rami, is reopened.

The Veteran's appeal was denied as his claims for increased ratings were not substantiated by the evidence of record.

The Veteran's PTSD was incurred in service and is granted. His alcoholism, diabetes mellitus, gastrointestinal disability, skin rash, heart disease, and respiratory condition are all found to be aggravated by service.

The Board denied service connection for bronchitis and psychiatric disorders, finding no evidence of such conditions during service or a link to service.

The Veteran's claim for service connection for bronchitis, COPD, and asbestosis is being remanded due to the need for additional medical examination and development of evidence.

The Board has determined that the Veteran's current respiratory disorder, diagnosed as COPD and chronic bronchitis, was not incurred in or aggravated by his military service.

The Veteran's chronic bronchitis with bronchiectasis, status post lower lobectomy is rated at 60 percent disabling. The Veteran also meets the criteria for a TDIU based on his service-connected disability.

The Veteran's claim for service connection for emphysema with bronchitis (claimed as a lung disorder) is denied because there is no evidence of asbestos exposure during service and the current condition is not related to service.,Service connection for bilateral hearing loss is denied because there is no evidence that the Veteran has a current diagnosis of sensorineural hearing loss or tinnitus, nor is there any evidence linking these conditions to his military service.

The Veteran's appeal regarding the February 1975 rating decision for chronic bronchitis was denied due to lack of CUE. The claim for service connection for bilateral hearing loss was also denied as there is no evidence that the current condition is related to active service.

The Board has remanded the case for additional development due to inadequate medical examinations and new evidence.

The Veteran's lung disease and bronchitis were not incurred or aggravated during service, nor are they presumed to have been incurred due to herbicide exposure. The Board finds that the Veteran does not meet the criteria for service connection in this case.

The Veteran is seeking service connection for acute bronchitis and pneumonia with breathing problems. The Board has determined that additional development, including obtaining medical records and arranging for a VA examination, is necessary to properly adjudicate his claim.