Chronic bronchitis decisions — 2016

The Veteran's current chronic bronchitis is found to have begun during service, granting direct service connection.

The Board found that the Veteran's respiratory disorders did not pre-exist service and are not otherwise related to service or his service-connected PTSD. As a result, the claim for service connection was denied.

The Veteran's claim for a higher rating for bronchitis and residuals of a bone graft from the right iliac crest has been granted. The claim for total disability rating based on individual unemployability remains pending.

The Veteran's thoracolumbar spine disability is found to be etiologically related to a disease, injury, or event that occurred during service. Service connection for this condition is granted.

The Veteran withdrew from appeal the claims for service connection for COPD and chronic bronchitis during a Board hearing.

The Veteran's service-connected conditions have been evaluated and rated appropriately based on the criteria provided in the Rating Schedule.

The Veteran's COPD is found to be related to in-service asbestos exposure, and his chronic bronchitis is found to have been aggravated by a service-connected condition. The Board grants service connection for both conditions.

The Veteran's appeal was granted for service connection and increased ratings in various conditions, with some issues resulting in new and material evidence being submitted.

The Board denied the Veteran's claims of service connection for allergic rhinitis, a respiratory disorder including chronic bronchitis and asthma, and an acquired psychiatric disorder. The evidence did not support finding that these conditions were incurred or aggravated by military service.

The Board denied the Veteran's claims for service connection for various conditions, including a respiratory disorder (including bronchitis and COPD), residuals of a right thigh/hip injury, residuals of a left thumb injury, malaria, a right foot or ankle disability, a left knee disability, and a right shoulder disability.

The Veteran's appeal is being remanded due to outstanding records and the need for additional medical examinations.

The Board has found that the preponderance of evidence is against finding a connection between the Veteran's current conditions and his in-service meningitis, flu vaccines, or lead exposure. The Veteran's service treatment records show he had acute aseptic meningitis in 1959, which resolved without residual effects. The VA examiners have found no lasting residuals from this condition.

The Board denied the Veteran's appeal regarding the reduction of his disability rating from 30% to 10% for restrictive lung disease, effective October 1, 2012. The remaining claims are addressed in a separate remand.

The Veteran's claim for a rating in excess of 50 percent for his respiratory disorders, including sleep apnea, asthma, bronchitis and COPD, is being remanded due to the need for additional development. His TDIU claim is also being remanded as it is intertwined with his increased rating claim.

The Veteran's service-connected chronic bronchitis cannot be adequately evaluated using the objective findings of pulmonary function testing, and therefore, a higher initial evaluation is not warranted.

The Veteran's COPD with chronic bronchitis was granted a 10 percent rating effective September 23, 2015. The initial compensable rating for prior to that date remains unchanged.

The Veteran's appeal is being remanded due to his request for a hearing before a Veterans Law Judge.

The Board has determined that additional development is necessary in order to make a decision on the Veteran's claims for service connection. This includes obtaining VA examinations regarding his claimed acquired psychiatric condition, bronchitis, and right leg condition.

The Veteran's claims for service connection for bronchitis, sinusitis, and a bilateral foot condition were previously denied. The current evidence does not establish that these conditions are related to service or any other relevant factor.

The Veteran's appeal is being remanded for additional development, including new VA examinations and the procurement of relevant medical records.