Chronic bronchitis decisions — 2013

The Board found that the Veteran's respiratory disorders, including bronchial asthma and chronic bronchitis, are not service-connected due to lack of evidence linking them to his in-service exposure to burning human waste. The decision is considered erroneous because it disregarded favorable medical opinions based on the Veteran's history.

The Board has remanded the claims due to incomplete information from the Veteran regarding medical records. The case will be returned for further development.

The Veteran's claim for service connection for bronchitis was denied as there is no credible evidence of a chronic respiratory disability manifested by bronchitis that began during service and has continued since service. The Veteran's claim for an increased rating for his service-connected bilateral hearing loss was also denied.

The Board found that the Veteran's respiratory disorders, including COPD, asthma, and bronchitis, were not incurred or aggravated by his military service. The VA examiner opined that these conditions are more likely due to decades-long heavy cigarette use rather than active duty service.

The Veteran's small airway disease (claimed as bronchitis or asthma) does not meet the criteria for a compensable disability evaluation under Diagnostic Code 6600. The Board finds that his pre-bronchodilator FEV-1 of 88% is within normal limits, and there is no evidence of asthma at any time during the pendency of this claim.

The Veteran's claimed respiratory problems are not related to his service, and the Board finds that he does not have a current disability for which service connection can be granted.

The Board granted service connection for heart disease, bronchitis, and sinusitis. The Veteran's initial compensable evaluation for left ankle degenerative joint disease was denied. Service connection for hiatal hernia was also granted but with a noncompensable evaluation.

The Board found that the Veteran's current respiratory disorders, including COPD and chronic bronchitis, are not related to his service or treatment for pneumonia and acute bronchitis therein. The VA examiner opined that it is less likely as not that these conditions were caused by or a result of his military service.

The Veteran is seeking service connection for acute bronchitis and pneumonia with breathing problems. The Board has remanded the case due to a need for additional development.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to service or exposure to herbicides.

The Board has determined that additional VA treatment records and medical opinions are needed to properly adjudicate the Veteran's claim for service connection for bronchitis, including as due to exposure to herbicides. The case is being remanded to allow for these actions.

The Board has granted service connection for a lung disability (asbestosis) and denied the remaining claims.

The Veteran's bronchitis and bilateral hearing loss were denied service connection due to lack of evidence.,Service connection for low back disorder was also denied as there is no established link between the condition and service period.

The Board has denied the Veteran's claims for service connection for various conditions, including myopia with hyperopia, a right thumb disorder, headaches, left ear hearing loss and shooting pains, memory loss, drowsiness, and bronchitis. The evidence did not meet the criteria for establishing service connection in any of these cases.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, chronic obstructive pulmonary disease (COPD) with asthmatic bronchitis, pain disorder, gastroesophageal reflux disease (GERD) with Crohn's disease, and allergic rhinitis, have rendered him unable to obtain or maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Board has determined that the Veteran does not meet the criteria for service connection for hearing loss, chronic bronchitis, or hypertension. The claims of service connection for psychiatric disorder (to include PTSD), neck condition, COPD, sinus and allergy problems, left knee condition, right knee condition, right shoulder condition, skin disorder, and hypertension are denied.

The Board denied the Veteran's claims for secondary service connection for obstructive sleep apnea as related to his service-connected chronic bronchitis and increased ratings for chronic bronchitis. The Board found that there was no probative evidence of a direct relationship between the Veteran's obstructive sleep apnea and his service-connected chronic bronchitis, and also determined that the Veteran did not meet the criteria for an increased rating prior to January 29, 2008 or from January 29, 2008 to October 21, 2009.

The Veteran's lung disorder, including COPD and emphysema, is being remanded for further examination to determine if it is related to asbestos exposure in service.

The Veteran's appeal is remanded due to the need for a new VA examination to determine if any current respiratory disorder, including asthma, bronchitis, pleurisy, chronic obstructive pulmonary disease, and lung disease, is related to service or secondary to in-service herbicide exposure. The examiner should also consider whether the preexisting respiratory disorder underwent an increase in disability during service.

The Board finds that the appellant's current respiratory disability, including asthma and bronchitis, is causally related to his active service. The Board affords the appellant the benefit of doubt in favor of a connection between his service and these disabilities.