Chronic bronchitis decisions — 2010

The Veteran's claim for service connection of obstructive sleep apnea is remanded due to the need for additional medical evidence regarding the relationship between his current sleep apnea and his service-connected disabilities, including sinusitis with allergic rhinitis, spontaneous pneumothorax, COPD, and bronchitis.

The Veteran's unauthorized medical expenses incurred at Jackson Madison County General Hospital on March 5, 2006 were denied as the services were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Veteran's appeal is being remanded for a Travel Board/videoconference hearing at the St. Petersburg, Florida RO.

The Board denied the Veteran's claims for service connection for tendonitis of the calves and a respiratory disability, to include bronchitis, finding that there was no evidence of chronic disabilities related to his time in service or service-connected conditions.

The Board denied service connection for prostate cancer, removal of cancer on the penis, urostomy (claimed as colostomy and stomach condition), and bronchitis. The Veteran's claims were not reopened due to lack of new and material evidence.

The Veteran is granted service connection for COPD with chronic bronchitis, as his current conditions are at least as likely as not caused by or a result of exposure to second hand smoke during his military service.

The Veteran's service-connected chronic bronchitis with bronchiectasis was granted a disability rating of 30 percent effective July 24, 2009. Prior to this date, the condition did not meet criteria for higher ratings.

The Board has determined that the Veteran's sleep disability with fatigue, respiratory disability (rhinitis with recurrent bronchitis and bronchospasm), and muscle and joint pain are all related to his active duty service.

The Veteran's lung disorder, including acute flash pulmonary edema, COPD, and asthmatic bronchitis, is being remanded for further development to determine if service connection can be established. The issue of TDIU due to service-connected disability remains deferred until the above-mentioned issues are resolved.

The Board has reopened the Veteran's claim and granted service connection for asthmatic bronchitis, obstructive-restrictive lung disease, pseudomonas pneumonia, and bronchiectasis as they were incurred during active service.

The Veteran's service-connected disabilities, including bronchitis with granuloma, postoperative (lung disability), bilateral hearing loss, duodenal ulcer, tinea versicolor, arms and chest, and tinnitus, render the Veteran unemployable. The Board finds that entitlement to individual unemployability is warranted.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not have a current diagnosis of a skin rash, claimed as fungus, of the hands and feet or bronchitis, and thus could not be presumed to have been incurred in service due to herbicide exposure.

The Veteran's claim for service connection for residuals of a peroneal laceration of the labia was granted. The Board also found that her back disability, reactive airway disease with bronchitis, and bilateral hand numbness are related to active service.

The Board found that the Veteran's respiratory disorder is not related to service, including exposure to asbestos and herbicides. The evidence shows that his current condition is more likely due to heavy smoking.

The Veteran's claims for increased evaluations for sleep apnea, reactive airway disease with bronchitis, and bilateral pes planus were denied. The Veteran is currently rated at 50 percent for sleep apnea since February 25, 2003, and at 10 percent for reactive airway disease with bronchitis since February 25, 2003. Bilateral pes planus remains rated as noncompensable.

The Veteran's request for an increased rating for chronic bronchitis with COPD is being remanded due to the failure to appear for a VA examination. The case will be returned to the Board after another examination is scheduled.

The Board found no evidence of a chronic sinusitis and bronchitis disability during service or that it developed as a result of any established event, injury, or disease during active service. The Veteran's statements regarding continuity of symptomatology were inconsistent with the available medical records.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of the Veteran's service-connected bronchitis.

The Board has remanded the case due to a hearing not being held and other procedural issues.

The Board found that the Veteran's current COPD and asthmatic bronchitis are not related to his military service, including exposure to chemicals. The preponderance of evidence supports a finding that these conditions were caused by his long history of smoking.