Chronic bronchitis decisions — 2009

The Veteran does not have hypertension, an acquired psychiatric disorder (other than PTSD), bronchitis, or arthritis of the legs, shoulders, or back that was caused or aggravated by his service.

The Board has remanded the Veteran's claims for additional development due to missing records from the Social Security Administration and the Detroit VA Medical Center.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a mental health nexus opinion.

The Board found that the Veteran's service-connected bronchitis did not cause or contribute to his death, as other causes such as hypertension and coronary artery disease were more significant.

The Veteran's service-connected chronic bronchitis was rated at 10% from August 3, 1999 to March 16, 2000. Since then, the disability has not met the criteria for a compensable rating.

The Board has determined that the Veteran's tinnitus, bronchitis, and gastroesophageal reflux disease (GERD) are all service-connected. The decision grants these claims.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death due to new and material evidence. The Veteran's service-connected conditions, including myocardial infarction with hypertensive heart disease, chronic nephritis, calcification of the aorta, and chronic bronchitis with emphysema, are found to have contributed substantially or materially to his death.

The Board denied the Veteran's claims for service connection and increased ratings, finding that new and material evidence had not been received to reopen several previously denied claims. The Veteran was informed of the bases for these denials.

The Veteran's claim for service connection for chronic bronchitis was denied as there is no competent medical evidence associating the current condition with any disability, disease, or event in service. The Veteran's claim for an initial rating in excess of 50 percent disabling for PTSD was not addressed due to a procedural issue.

The Veteran's claim for an earlier effective date for the award of service connection for chronic bronchitis with bronchiectasis is denied. The earliest possible effective date is October 15, 1996.

The Veteran's claims for service connection were denied as his claimed conditions did not have a direct link to his military service and there was no evidence of herbicide exposure or other presumptive conditions.

The Board denied the Veteran's application to reopen his claim of service connection for a lung disability, including COPD and chronic bronchitis, finding that new and material evidence was not submitted.

The Board has decided to remand the case for a new VA examination and opinion regarding the etiology of the appellant's claimed conditions, including rhino sinusitis, bronchitis, and sleep apnea. The claims will be re-adjudicated after this development.

The Veteran's claims for increased ratings for sinusitis and bronchitis are pending. His PTSD claim is reopened but the merits of his service connection claim remain unresolved due to lack of verified in-service stressors.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected chronic bronchitis with pulmonary emphysema is being remanded for additional development, including obtaining work records from Chrysler/Jeep and scheduling the Veteran for a VA examination.

The Board denied service connection for skin tags and remanded the issue of initial evaluation for bronchitis. The Veteran's claim for higher rating remains pending.

The Board has determined that the Veteran's claimed conditions, including scoliosis, left leg length discrepancy, bronchitis with reactive airway disease (asthma), and coronary artery disease (CAD) are not related to his military service. The appeal is denied.

The Board denied service connection for a chronic lung disease, including bronchitis and COPD, or a claimed chronic disability manifested by chest pain, to include as due to exposure to mustard gas.

The appellant is seeking service connection for the cause of her husband's death, which was attributed to his service-connected bronchitis associated with pulmonary tuberculosis. The Board finds that additional development is needed due to inadequate VCAA notice.