Chronic bronchitis decisions — 2014

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA pulmonology evaluation.

The Veteran's claim for an increased rating for bronchitis was granted, and he received a TDIU effective from November 1, 2008. Attorney fees are awarded for the increased rating of bronchitis but not for the TDIU.

The Veteran's claim for service connection for a pulmonary disorder, to include chronic bronchitis, is being remanded due to the need for additional development and examination.

The Veteran's PTSD is productive of symptoms resulting in total occupational and social impairment, warranting a 100% disability rating. The respiratory disability claim was denied as there is no evidence it originated during service or is otherwise related to his active service.

The Board denied the Veteran's claims for service connection of hypertension, an acquired psychiatric disorder (including PTSD and depression), and a respiratory disability. The decision is unclear regarding whether new evidence was received to reopen the hypertension claim.

The Board has determined that the Veteran does not have a lung disorder that was incurred in or aggravated by military service.

The Veteran's service-connected obstructive sleep apnea with chronic bronchitis is currently rated at 50 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds that neither condition warrants a higher evaluation.

The Board has remanded the Veteran's claims due to additional development being required, including verification of mustard gas exposure and examination for asthma and bronchitis.

The Board finds that the preponderance of the probative and credible medical evidence is against finding a direct relationship between the Veteran's current lung disability and his military service, including exposure to asbestos. The Veteran's lung conditions are more likely due to his smoking history.

The Veteran's claim for service connection for a respiratory disorder, including COPD and bronchitis due to asbestos exposure is being remanded for further development.

The Board found that the Veteran's left knee disability was not incurred or aggravated as a result of active service and is not proximately due to or aggravated by any service-connected disability. The claim for an increased rating for bronchitis was denied as there were no findings showing the Veteran had respiratory failure, cor pulmonale, right ventricular hypertrophy, or outpatient oxygen therapy required.

The Board has remanded the case due to the need for a VA medical opinion regarding the relationship between the Veteran's current bronchitis and his exposure to diesel exhaust fumes while on active duty. The appeal is also remanded to obtain post-January 2010 treatment records from the West Los Angeles VA Medical Center.

The Board finds that the Veteran's condition was an emergent medical emergency, and payment or reimbursement for unauthorized medical expenses incurred on November 15, 2009 at CRMC is warranted.

The Board has reopened the Veteran's claim of entitlement to service connection for a lung condition, but remands the case for further development and consideration.

The Board found that the Veteran's current pulmonary disorder, including chronic bronchitis and COPD, is not causally related to service. Therefore, the claim for service connection was denied.

The Veteran's psoriasis and fungal infection, claimed as a skin rash, were incurred during service. The Board finds that the preponderance of evidence is against finding that bronchitis or COPD had its onset during service or is otherwise related to service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Nashville General Hospital on April 14, 2010 is denied as he did not meet the eligibility criteria under VA regulations.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD; a left eye disability; upper respiratory infection (URI) and bronchitis; and gouty arthritis. The Board found no evidence of in-service injury or disease related to these conditions.

The Veteran's appeal is remanded due to insufficient evidence to decide her claim, including the need for a VA examination to assess the likelihood of permanent improvement of her service-connected respiratory disability.

The Veteran's claim for service connection for a head laceration with loss of consciousness is denied. The claims for bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (including PTSD and major depressive disorder) are pending as additional evidence may be needed to establish the presence or etiology of these conditions. Service connection for coronary artery disease secondary to PTSD remains pending.