Chronic bronchitis decisions — 2009

The Veteran's claims for service connection for various conditions, including peripheral neuropathy and a skin disease, were denied as secondary to his service-connected post-traumatic stress disorder (PTSD).

The Board has determined that the Veteran's claims for service connection are denied as his accounts of events during service and onset of disabilities are not credible, and there is no evidence to support a finding of in-service injury or disease.

The Veteran has withdrawn his appeal for the claims of service connection for sinusitis, bronchitis, pharyngitis, sinus tachycardia, and chronic indigestion.

The Veteran's service-connected bronchitis was evaluated at 60 percent prior to December 18, 2003. The evidence did not meet the criteria for a higher evaluation.

The Veteran's claim for service connection for chronic bronchitis, claimed as secondary to in-service asbestos exposure, is being remanded due to the need for additional development of his medical records and a VA examination.

The Board found that the Veteran's service-connected chronic bronchitis warranted a 10 percent disability rating, effective from June 8, 2005.

The Veteran's claims of service connection for various conditions, including PTSD and cyst removal residuals, were denied. The Board found no evidence of current disabilities or a nexus to service.

The Veteran's claims for service connection and initial evaluation of his right knee disability, bilateral hearing loss, and respiratory disorder are being remanded due to the need for additional examinations.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim of service connection for the cause of the Veteran's death, which was previously denied in April 2003.

The Veteran's service-connected chronic bronchitis was not productive of more than moderate impairment prior to September 17, 2008 and moderately severe impairment since then. The appeal is denied.

The Veteran's claims for service connection for asthma, chronic bronchitis, and chronic pneumonia are being remanded due to the need for additional development of his National Guard medical records.

The Board has determined that new and material evidence has been submitted, allowing the Veteran's previously denied claim for service connection for a lung disability to be reopened. The case is now REMANDED for further development.

The Board denied the claim as VA correctly terminated DIC benefits effective October 1, 2007 based on the applicable regulation.

The Veteran's claims for service connection for bilateral hearing loss, residuals of a cervical spine injury, asthmatic bronchitis, and bipolar disorder (claimed as a nervous condition) have been denied. The applications to reopen the claims for residuals of a cervical spine injury and asthmatic bronchitis were also denied due to lack of new and material evidence.

The Board found that the appellant's bronchitis, pneumonia, and arthritis did not have their onset during service or within one year after separation from service, and were not related to any disease or injury in service. Therefore, the claims for service connection were denied.

The Board has not determined whether new and material evidence has been received to reopen the claims for service connection for scoliosis and stenosis or arthritis of the lumbar spine with congenital shortening of the right leg, bronchitis and residuals of pneumonia, schizophrenic reaction, and spastic colitis. The evidence submitted since the last final denial does not relate to a material fact necessary to substantiate any of these claims.

The Veteran's claim for an increased initial rating for his service-connected chronic bronchitis and bilateral bronchiectasis was denied. The RO granted service connection in May 2003 with a 10 percent initial rating effective March 16, 1993. In January 2007, the RO increased the rating to 30 percent effective July 30, 2004.

The Board found that the Veteran's asbestosis and chronic bronchitis are not related to his active service, and thus denied both claims.

The Board has determined that the Veteran does not have a current diagnosis of emphysema and service connection for this condition is denied as there is no separate disability present. The claim was adjudicated based on COPD, which is already in effect.

The Veteran withdrew his appeal for the issues of bilateral hearing loss, post tubulovillous adenoma polyp excision, glaucoma, and bronchitis. The claims were dismissed without prejudice.