Chronic bronchitis decisions — 2009

The Veteran's claim for a rating in excess of 10 percent for seborrheic dermatitis was denied. The August 1998 denial of service connection for dizziness, including as due to an undiagnosed illness, is final. New and material evidence has been received to reopen the claim for service connection for dizziness.

The Veteran's service-connected disabilities require the need for regular aid and attendance, but not housebound status. Special monthly compensation based on the need for regular aid and attendance is granted.

The Board denied the Veteran's claims for service connection for various conditions, including claw foot (pes cavus), peripheral vestibular disorder, edema, osteoarthritis, headaches, and chronic bronchitis. The decision is final as it was based on a prior denial in June 1962.

The Veteran's death was not due to a service-connected condition, and the claim for service connection of the cause of his death under 38 U.S.C. § 1310 is denied.

The Board denied the Veteran's claim of entitlement to TDIU based on his service-connected disabilities, finding that they did not render him unemployable.

The Board has determined that the Veteran's chronic bronchitis is related to his active military service and grants the claim for service connection.

The Veteran's appeal involves multiple conditions and exposures, but the specific service connection decisions are pending as the case is being remanded for additional development.

The Board has reopened the claim of service connection for a lung disability and granted a 10 percent rating for hepatitis. The Veteran's hepatitis is manifested by subjective complaints of fatigue, but no significant weight loss or other symptoms warranting higher ratings.

The Veteran's appeal is remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess his current disabilities and their impact on employment.

The Board found no evidence linking the Veteran's current conditions to his military service and denied all claims for service connection.

The Veteran's claims for service connection on multiple conditions have been remanded due to procedural issues.

The Board denied the Veteran's claims for service connection for sinusitis, bronchitis, respiratory problems, and peripheral neuropathy as they were not incurred in or aggravated by his active service. The evidence did not establish a medical nexus between military service and these conditions.

The Board has determined that the Veteran's COPD/bronchitis is due to half a century of smoking and not related to his military service. As such, service connection for COPD/bronchitis on the basis of tobacco use in service is denied.

The Veteran is entitled to special monthly pension based on housebound status due to multiple non-service-connected disabilities, including coronary artery disease and peripheral vascular disease. He also meets the age requirement for this benefit.

The Board has determined that the Veteran does not have a left eye disability, left temple headaches due to trauma, or groin muscle strain related to his military service. The claim for bronchitis is remanded for further development.

The Veteran's claims for higher initial evaluations and service connection were denied. The conditions claimed, including hemorrhoids, parotid calculus and lump on the left cheek, skin condition of the hands, bronchitis, laryngitis, frostbite of the feet and hands, otitis media, compression neuropathy of the left side, bilateral knee pain and fluid, allergic reaction to a typhoid shot (chronic rhinitis), and exposure to ethylene and nitrous oxide gases were not found to be service-connected or warrant higher initial evaluations.

The Veteran's service-connected chronic bronchitis materially contributed to his death from end stage dilated cardiomyopathy, coronary artery disease, and hypertension.

The Veteran seeks payment or reimbursement for medical expenses incurred at Health Central Hospital on February 18, 2002. The VAMC denied the claim due to the conclusion that VA facilities were feasibly available to provide the care. However, further investigation is needed regarding which VA facilities were open and available on the date in question, as well as whether an attempt to use them before hand would have been considered reasonable by a prudent layperson.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and chronic bronchitis. The claim for bilateral hearing loss was previously denied in July 2001, and no new and material evidence has been received to reopen it. For chronic bronchitis, there is insufficient evidence of a current disability as established by VA examinations.

The Veteran's current respiratory disorder is not related to any incident of service, including asbestos exposure. Service connection for a respiratory disorder is therefore not established.