Chronic bronchitis decisions — 2010

The Veteran seeks service connection for a respiratory disorder, claimed as asthma and bronchitis. The Board has remanded the case due to the need for further development including a VA examination.

The Board found that the Veteran does not have a current disability related to her active duty service for asthma, cervical spine disorder, and acute bronchitis. The Board also noted that there is no evidence linking any of these conditions to service.

The Veteran's respiratory disability, including asbestosis, has been rated at 30 percent since February 11, 2005. The Board found that the evidence did not support a higher rating based on the criteria in the VA Schedule for Rating Disabilities.

The Board has determined that the Veteran's asthma and bronchitis were not incurred in or aggravated by service.

The Board has denied the Veteran's petition to reopen his claim for service connection due to lack of new and material evidence, and also found that nicotine dependence is not a matter of law as it relates to military service.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for this case.

The Veteran's evaluation for asthmatic bronchitis was reduced from 60% to 30%, effective September 1, 2007. The issue is currently remanded due to the improper handling of this reduction in the June 2007 rating decision.

The Board finds that the Veteran's cervical spine degenerative disc and joint disease, asthma and chronic bronchitis, and major depressive disorder are all due to conditions incurred or aggravated during her period of active service. The effective date for these determinations is June 6, 1978, one day after separation from service.

The Veteran's bronchitis, COPD, and asthma are all found to be related to service. The Board has determined that these conditions were incurred in or aggravated by his military service.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board found no nexus between the Veteran's current respiratory disabilities and his service, including exposure to herbicides. The preponderance of evidence did not support a finding that the Veteran's symptoms were related to his in-service duties or exposure.

The Veteran withdrew his appeal for the issues of hypertension, heart disability, stomach disability, and chronic bronchitis. The remaining claims are dismissed.

The Veteran's claim for service connection for bronchitis is being remanded to the RO for a hearing and further development.

The Veteran's claim for service connection for chronic bronchitis was denied as there is no current diagnosis of the condition and no evidence of asbestos exposure during service.

The Veteran's chronic pansinusitis and chronic bronchitis are granted as service-connected. The Veteran is also granted service connection for a psychiatric disorder other than PTSD, which is related to his service-connected conditions.

The Board dismissed the motion for clear and unmistakable error (CUE) in the July 25, 2002 decision denying service connection for a pulmonary disorder, including bronchitis. The motion failed to meet the pleading requirements set forth by VA regulations.

The Veteran's claim for service connection for a respiratory disorder, to include bronchitis, is being remanded due to the need for further examination and consideration of his medical history.

The Veteran's IBS has been rated at 30 percent since the grant of service connection, which is the highest rating available under Diagnostic Code 7319. The RO will continue to assign this rating as it does not meet the criteria for a higher evaluation.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's unauthorized medical expenses incurred from August 24, 2007, until August 29, 2007, for treatment at a non-VA medical facility were denied as he is not eligible for reimbursement under the provisions of 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1002 due to his coverage under Medicare Parts A and B.