Chronic bronchitis decisions — 2015

The Board found that there is no evidence to support service connection for the claimed respiratory and psychiatric disabilities, as well as a disability of numbness and paralysis of the left foot. The Veteran's claims were denied.

The Veteran's claim for bilateral hearing loss was denied as there is no evidence of current disability meeting VA standards.,Service connection granted for left ear hearing loss, with the condition etiologically related to an injury in service.,Service connection not established for a low back condition due to lack of chronic disability manifestation or evidence linking it to service.,Muscle contractions in the right hand were not shown to be related to service or service-connected conditions.,Muscle contractions in the left hand were also not shown to be related to service or service-connected conditions.,Service connection for an undiagnosed illness (including gastrointestinal disorder, bronchitis, and fatigue) was denied as there is no evidence of a qualifying chronic disability.

The Board has determined that the Veteran's COPD, asthma, and bronchitis are related to his in-service asbestos exposure. Service connection is granted for these conditions.

The Board found that the Veteran's condition warranted emergency treatment and that a prudent layperson would have reasonably expected delay in seeking medical attention to be hazardous. The decision grants reimbursement for unauthorized private medical expenses incurred on October 10, 2011.

The evidence does not support a finding that the Veteran's respiratory disorder is related to service, including exposure to asbestos. The VA examiner concluded that there was no current respiratory disorder and provided detailed reasoning.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of claim. The Board has granted a separate 20 percent rating for radiculopathy of the right lower extremity and a separate 20 percent rating for radiculopathy of the left lower extremity since May 16, 2012. A 50 percent rating is granted for the lumbar spine disability effective from November 3, 2014. The Veteran's chronic bronchitis has not been service-connected.

The Veteran's claims are being remanded due to the need for a Board hearing before a Veterans Law Judge at the RO.

The Board denied an increased rating for bronchitis as the Veteran's pulmonary function test results did not meet the criteria for a compensable disability rating.

The Veteran's claim for service connection for bipolar disorder was reopened, but the condition is not currently found to be present.,Service connection for chronic bronchitis, claimed as a lung condition, was also reopened and denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on January 21, 2013 is denied as the treatment did not meet the criteria for emergency treatment under VA regulations.

The Veteran's unauthorized medical expenses incurred on October 13, 2012 for bronchitis were not reimbursable as the treatment was not preauthorized by VA and did not meet the criteria for reimbursement under 38 U.S.C.A. § 1725 or 38 U.S.C.A. § 1728.

The Veteran's claim for service connection for bronchitis, including as due to her service-connected asthma and sinusitis, is being remanded for additional development.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for leukemia. The Veteran's TDIU claim is also denied.

The Board has granted service connection for intermittent bronchitis, finding that the Veteran's current diagnosis of intermittent bronchitis is at least as likely as not related to his in-service exposure to second-hand smoke.

The Veteran's appeal is being remanded due to the need for a VA examination of his service-connected COPD with bronchitis and bronchiectasis, as well as obtaining any outstanding medical records.

The Veteran's appeal for service connection for residuals of a left thumb fracture, left hand and ring finger pain, heart murmur, psychiatric disorder (including PTSD), bilateral knee disorder, bronchitis, and low back disorder has been denied as there is no current disability. The VA examiner found no evidence of abnormality of the left thumb.

The Board finds that the Veteran's emergency room visit was for an acute medical condition, and affords her the benefit of doubt in finding a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. Therefore, payment or reimbursement is granted.

The Veteran's bronchitis and migraine headaches have been rated at the minimum compensable levels. The VA has determined that her migraines meet the criteria for a 10 percent rating based on characteristic prostrating attacks averaging one in two months over the last several months.

The Veteran has withdrawn her appeal, indicating she is satisfied with the decision made and wants to withdraw any remaining issues on appeal.

The Veteran's tinnitus is service-connected, but his gastrointestinal, cardiovascular, and respiratory disorders are not.