Chronic bronchitis decisions — 2018

The Veteran's asthma has worsened since his last VA examination in November 2012, and a new VA examination is needed to determine the current severity of his service-connected bronchitis with hilar adenopathy (asthma).

The Board found that the Veteran's current respiratory disorders (emphysema, COPD and chronic bronchitis) are not related to his active military service. The claim for service connection is denied.

The Veteran's claims for hypertension, respiratory disability (chronic bronchitis), peripheral neuropathy of the right shoulder, skin disability (eczema), fatty tumors, to include lipomas or soft tissue tumors, and vision or eye disability are all denied. The Veteran's erectile dysfunction claim is not reopened due to lack of new and material evidence.

The Board denied the Veteran's claims for service connection for respiratory disability, acquired psychiatric disorder (other than PTSD), hypertension, and right knee disability. The claim for service connection for respiratory disability was granted as new and material evidence had been presented. However, the Board found no link between the current respiratory disability and active duty service.

The Veteran's claim for an increased disability rating for chronic bronchitis is being remanded due to the need for a new VA examination and consideration of private treatment records.

The Board has determined that the Veteran's claim for service connection for bronchitis cannot be granted as there is no evidence of a chronic respiratory disorder during or immediately following his military service. The VA examiner found that the current respiratory disability is less likely than not incurred in or caused by service. For the left knee issues, the rating assigned does not meet the criteria for an evaluation greater than 30 percent and the Veteran's claim for TDIU has been denied as there was no evidence showing he was unemployable due to his service-connected disabilities.

The Veteran's service connection claims for joint and muscle pain, as well as his respiratory disorder (bronchitis), are granted. The Board finds that these conditions are related to his active duty service.

The Board has granted service connection for the Veteran's respiratory disorders, including COPD, chronic bronchitis, emphysema, asthma, and bronchiectasis, finding that his in-service exposure to smoke and herbicides caused these conditions.

The Board denied the Veteran's claims for service connection for COPD, bronchitis, and asthma. The decision concluded that these conditions are not related to his military service or presumed herbicide exposure.

The Board has determined that the Veteran's tinnitus, left wrist DJD, and hepatitis C are related to service. The right shoulder, right knee, left knee, low back, and respiratory disabilities are not shown to be related to service. Bilateral hearing loss is also not shown to be related to service.

The Veteran's claim for an earlier effective date for the payment of additional compensation for his dependent spouse is granted, with the effective date being November 13, 2012.

The Veteran's appeal is remanded due to the need for additional medical records and an examination to determine if his respiratory disorders were pre-existing or aggravated by service.

The Board found that the Veteran does not have a current respiratory disorder other than sleep apnea, sinusitis, rhinitis, or bronchitis. The skin disorder claim was remanded for further examination and opinion.

The Veteran's service-connected PTSD and emphysema with chronic bronchitis did not render him unable to obtain and maintain substantially gainful employment for the period prior to November 8, 2012.

The Veteran's death was caused by clostridium difficile colitis, tracheobronchitis, and COPD. The Board finds that the issue of negligence on behalf of VA doctors during treatment falls under the primary issue of entitlement to service connection for cause of death.

The Veteran's service-connected disabilities met the schedular criteria for a TDIU rating from March 1, 2011. The appeal period prior to January 28, 2011 is not considered as she was employed during that time.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion regarding the etiology of any current psychiatric disorder. The claims will be reconsidered after this additional development.

The Veteran's chronic bronchitis is found to be related to his exposure to environmental hazards during service in Southwest Asia. The claims of entitlement to an increased rating for fibromyalgia and to service connection for peripheral neuropathy are remanded.

The Veteran's claim for an increased rating for service-connected chronic bronchitis is being remanded due to the submission of additional evidence that has not been reviewed by the RO.

The Veteran's claim for service connection for a respiratory disorder, including bronchitis/asthma, is being remanded due to the need for additional development and examination.