Chronic bronchitis decisions — 2013

The Veteran's claim for service connection for hypertension and a respiratory disability, to include bronchitis and atopic rhinitis, was denied as there is no evidence of a nexus between the current disabilities and his military service.

The Veteran's cause of death was cardio-pulmonary arrest due to acute myocardial infarction, which is not service-connected as there is no evidence linking his heart and lung problems to his military service.

The Board has reopened the claim for service connection for the cause of the Veteran's death and finds that new and material evidence has been received. The claim will be further adjudicated by the RO.

The Veteran's service-connected bronchitis, sinobronchial condition with asthma is granted a rating in excess of 30 percent. The claim for service connection for an acquired psychiatric disability (depression) secondary to the service-connected bronchitis, sinobronchial condition with asthma is also granted.

The Board found that the Veteran's pre-existing asthma disorder existed prior to his period of service and did not become permanently aggravated during service.

The Board has determined that the Veteran's right knee chondromalacia, right shoulder rotator cuff syndrome, and respiratory disorder are related to her military service.

The Board found that the evidence submitted since the May 2011 decision is not material and does not establish that the Veteran had primary lung cancer or oat cell cancer, thus denying the reopening of his claim for service connection for cause of death.

The Veteran's death was not service-connected, and he did not receive any VA compensation or pension benefits at the time of his death. The appellant's application for non-service connected burial benefits is denied.

The Veteran's appeal for service connection for chronic bronchitis has been dismissed due to the death of the appellant.

The Board is remanding the case to allow for proper notice and readjudication of the claim, including consideration of new evidence submitted by the Veteran.

The Veteran's residuals of a removal of a vocal cord polyp, claimed as a sore throat, is shown by the evidence to more likely than not related to service, including due to exposure to irritants, or secondary to service connected asthma.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records from the December 2007 hospitalization and March 2011 pulmonary function testing. The TDIU claim must be deferred until further notice.

The Veteran's service-connected chronic bronchitis is rated at 10 percent, which is the maximum rating available under Diagnostic Code 6600. The noncompensable ratings for bilateral hearing loss prior to November 16, 2011 and greater than a 10 percent rating beginning November 16, 2011 are also denied.,The Veteran's service-connected left ear tympanic membrane perforation is rated at noncompensable under Diagnostic Code 6211. The claim for service connection for right ear tympanic membrane perforation is granted.

The Board has determined that the Veteran's respiratory disability, diagnosed as COPD and bronchitis, is not related to service or presumed exposure to herbicides. The claim for service connection was denied.

The Veteran's asthma with sleep apnea is currently rated at 60 percent, but the Board has determined that a higher rating is not warranted. The issue of unemployability due to service-connected disabilities remains unresolved.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation during the appellate period from May 30, 2008 to June 22, 2009.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for PTSD was not granted as his symptoms did not meet the criteria for a higher rating.

The Veteran's acquired psychiatric disorder, hypertension, and bronchitis/COPD were not incurred or aggravated during service. The Board found no evidence of a nexus between these conditions and his military service.

The Veteran's claims for service connection are being remanded to obtain additional medical opinions and address the underlying conditions of his respiratory disability.

The Board found that the Veteran's current respiratory disorder, including chronic obstructive pulmonary disease and bronchitis, was not incurred or aggravated by his military service.