Chronic bronchitis decisions — 2014

The Board has remanded the case for additional development, including obtaining a VA medical opinion to clarify the etiology of the Veteran's claimed respiratory disorders other than COPD (asthma and bronchitis).

The Veteran seeks an earlier effective date for the grant of service connection for bronchitis, including a claim of clear and unmistakable error (CUE) in prior rating decisions. The case is being remanded to address both the CUE claim and the effective date issue.

The Veteran's claim for an increased evaluation for his asthmatic bronchitis, previously evaluated as chronic obstructive pulmonary disease, is being remanded due to the need for a new VA examination and additional information regarding employment.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations.

The Board found that the Veteran's claimed respiratory conditions, including asbestosis and chronic bronchitis, were not shown to be caused by or aggravated by his service-connected disability. The appeal for TDIU was also denied.

The Board found no evidence of a current heart condition or bronchitis, and thus denied the Veteran's claims for service connection. The Board also noted that there was no in-service diagnosis or treatment for these conditions.

The Veteran's service-connected conditions, including depressive disorder and multiple foot disabilities, render him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection for prostate cancer and a respiratory disability (chronic bronchitis) were denied. The prostate cancer claim was based on presumed exposure to herbicides, while the respiratory disability claim was not related to service or any other specific basis.

The Board found that the preponderance of evidence is against service connection for bronchitis, headaches, and a muscle disorder.,Evidence received since the final decisions does not raise a reasonable possibility of substantiating the claims.

The Veteran's sinusitis, bronchitis, and tinea pedis skin disorders are all found to be service-connected. The bilateral foot hallux valgus and pes planus conditions were not found to be service-connected.

The Veteran's appeal is being remanded for scheduling a personal hearing due to his failure to appear at the previously scheduled videoconference hearing.

The Board has denied the Veteran's petition to reopen his previously-denied claim for service connection for bronchitis, as there is no new and material evidence received since the September 1999 rating decision that addresses whether the current bronchitis developed in or is otherwise related to active duty.

The Veteran's claim of entitlement to service connection for a respiratory disability, including bronchitis, COPD, and emphysema, is being remanded due to the submission of additional evidence not previously considered.

The Veteran's lung disorder is being remanded for additional development, including obtaining VA treatment records and a clarifying medical opinion from the examiner who previously examined him.

The Veteran's asthma, bronchitis, and chest injury were not service-connected as his conditions did not manifest during active duty or are otherwise related to military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's bronchitis and chronic obstructive pulmonary disease.

The Board has ordered additional development due to the need for clarification of service connection and exposure history, as well as obtaining medical records.

The Veteran's appeal is denied as he does not meet the criteria for higher than 50 percent educational assistance benefits under Chapter 33 of Title 38 (Post-9/11 GI Bill) due to his active duty service being less than 12 months.

The Board found that the Veteran's respiratory disorders, including COPD, asthma, and bronchitis, were not incurred or aggravated by military service due to exposure to jet fuel and/or cold weather. The VA examiner concluded that these conditions are more likely related to his long-term smoking habit.

The Board denied reopening the claim of service connection for the cause of the Veteran's death, finding that new and material evidence was not presented to link the Veteran's cause of death to his active service.