Chronic bronchitis decisions — 2010

The Veteran asserts that service connection is warranted for chronic bronchitis as he initially exhibited and was treated for chronic bronchitis during active service. The VA will obtain all relevant military records, including the Arkansas Army National Guard's complete periods of active duty, active duty for training, and inactive duty for training to support his claim.

The Board has determined that the Veteran does not have any current respiratory disorders, and therefore cannot establish service connection for bronchitis, pleurisy, or chronic upper respiratory infections.

The Board denied the Veteran's claims for service connection for low back disorder, respiratory disorders (asthma and/or chronic bronchitis), and memory loss. The evidence did not support a finding of service connection under any theory.

The Veteran's TMJ is currently rated as 10 percent disabling, and the Board finds no basis to grant a higher rating.,Service connection for chronic bronchitis has been granted. The Board found that there was continuity of symptoms since service.

The Board finds that the Veteran's recurrent or chronic bronchitis is related to active service and grants his claim of service connection for a respiratory disability (characterized as chronic bronchitis).

The Veteran's need for regular aid and attendance due to his service-connected disabilities, particularly his lumbar spine condition, has been established. He requires assistance with daily activities such as bathing, dressing, and handling finances.

The Veteran's appeal for service connection on pleural thick thickness, COPD, low back disorder, chronic bronchitis and residuals of sea sickness has been dismissed due to the withdrawal of a notice of disagreement in regard to these issues.

The Board has granted the Veteran's claims for increased ratings for his service-connected lumbar spine degenerative changes, PTSD, and chronic bronchitis. The lumbar spine degenerative changes are currently rated as 10 percent disabling, PTSD is rated as 50 percent disabling, and chronic bronchitis is rated as 30 percent disabling.

The Veteran's appeal for a TDIU is being remanded due to the need for an updated opinion from a VA physician regarding his service-connected disabilities and their impact on employment.

The Veteran's bronchitis with early COPD has been manifested by forced expiratory volume in one second (FEV-1) greater than 80-percent predicted, ratio of FEV-1 to forced vital capacity (FEV-1/FVC) greater than 80 percent, and diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) greater than 80-percent predicted. However, an initial compensable rating is not warranted.

The Board has dismissed the issue of whether new and material evidence has been submitted to reopen a previously denied claim for service connection for a liver condition. The remaining claims are remanded for further development, including obtaining VA medical records, verifying Agent Orange exposure, and scheduling a VA examination.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran has a current respiratory disorder related to service.

The Board has remanded the case for a VA examination to determine if the Veteran currently has COPD and chronic bronchitis related to active service. The Veteran's private medical records must also be obtained.

The Board denied the appellant's claims for service connection for acquired psychiatric disorder, bronchitis, heart disease, Parkinson's disease, and eye disorder, all claimed as secondary to mustard gas exposure. The Board found that credible supporting evidence of an in-service stressor was not presented, and a diagnosis for PTSD is not shown.

The Veteran's claims for service connection have been denied. The RO found no evidence of exposure to Agent Orange or other herbicide agents during his military service, and thus could not grant service connection based on presumptive exposure. Additionally, the Veteran did not meet the criteria for secondary service connection due to underlying Type II diabetes mellitus.

The Veteran's claims for service connection were denied across multiple conditions, with the exception of a claim to reopen due to new and material evidence.

The Board has determined that there is no evidence linking the Veteran's respiratory condition to asbestos exposure or mustard gas exposure during service. Therefore, the claim for service connection for chronic bronchitis and COPD as a result of exposure to asbestos and/or mustard gas is denied.

The Veteran's asthma condition is currently rated at 50% for the entire appeal period, and his scar, right back, and allergic rhinitis are not service-connected. The Veteran has been granted increased ratings for his asthma conditions.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and accrued benefits due to a lack of legal basis for her claims, as there was no pending claim at the time of the Veteran's death or entitlement under an existing rating or decision.

The Veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge.