Chronic bronchitis decisions — 2019

Service connection for sinusitis and bronchitis is denied as the evidence does not support a finding that these conditions are related to active service, including asbestos exposure.,Service connection for sleep apnea, hypertension, and major depressive disorder with anxiety is also denied.

The Veteran's claims for hearing loss, allergies, bronchitis, and hypertension have been denied as there is no evidence of these conditions during service or related to service. The claim for hepatitis C has been remanded due to the need for an opinion regarding herbicide exposure. The claim for acquired psychiatric disorder (PTSD and/or depression) has also been remanded for a separate opinion on both PTSD and depression.,The Veteran's claims for hearing loss, allergies, bronchitis, hypertension, and irritable bowel condition have all been denied as there is no evidence of these conditions during service or related to service. The claim for hepatitis C due to herbicide exposure has also been remanded.

The Board denied the Veteran's claims for service connection for COPD and asthma, finding that there was no evidence linking these conditions to his military service or exposure to hazardous chemicals, asbestos, or herbicide agents.

The Veteran's respiratory problems, including asthma and bronchitis, were not incurred or aggravated during service. The Board denied the claim for service connection.

The Veteran's service-connected PTSD, along with other disabilities, renders him unable to obtain and maintain substantially gainful employment.

The Veteran's claims for service connection for a lung disability, migraine headaches, and an acquired psychiatric disorder have all been denied as the evidence does not support a finding of in-service onset or relationship to service.

The Veteran's appeals for arthritis of all other joints, allergies to sulfa and medications, respiratory disorder (claimed as asthma and bronchitis), skin disorder, hemorrhoids, heart disorder, prostate disorder, and disability claimed as muscle aches, pains and spasms have been dismissed. The Veteran has service connection granted for depressive disorder and IBS/GERD.

The claim for service connection of diabetes mellitus is reopened and granted. The claims for respiratory disorder, left shoulder disability, generalized arthritis, neck pain, right wrist pain, left leg disability, and left thigh disability are also reopened and granted.

The Veteran's claims for bilateral hearing loss, neurocognitive disorder, left foot condition, status post right foot infection, allergic rhinitis, chronic bronchitis, degenerative joint disease of the left shoulder, degenerative joint disease of the right shoulder, degenerative joint disease of the left elbow, degenerative joint disease of the right elbow, degenerative joint disease of the left hand, degenerative joint disease of the left hip, degenerative joint disease of the right hip, degenerative joint disease of the left knee, degenerative joint disease of the right knee, degenerative joint disease of the left ankle, and degenerative joint disease of the right ankle have been reopened. The Veteran's claims for cervical spine condition and lower back condition were not reopened.

The Veteran's appeal for an increase rating on his right ankle fracture with degenerative changes was dismissed. The Board also remanded the issues of service connection for bilateral hearing loss, a back disorder, and respiratory disorder.

The Veteran's claim for service connection for periodontitis is denied as it does not meet the criteria for a current disability. The claim for increased rating of chronic bronchitis is granted to 60 percent, effective from November 6, 2008.

The Veteran's claim for a disability rating in excess of 30 percent for service-connected chronic bronchitis was denied.,The Veteran's claim for service connection for a sleep disability, to include as secondary to service-connected chronic bronchitis, is pending and requires further development.

The Board denied service connection for bronchitis and COPD, including as due to asbestos exposure. The decision found that the Veteran did not have a current disability related to his in-service conditions or asbestos exposure.

The Veteran's claims for higher ratings on several service-connected conditions were denied, while the claim for TDIU was granted. The effective date of a 30% rating for bronchitis is April 17, 2015.

The Veteran's cause of death was listed as chronic obstructive pulmonary disease, chronic bronchitis, pleural effusion, and carcinoma in situ of other unspecified sites. The Board found no connection between these disabilities and the Veteran's service.

The Veteran's PTSD and psychosis have been granted service connection, while her claim for a respiratory disorder is remanded due to lack of evidence.

The Board has remanded the cases due to new evidence being added to the claims file, and the Veteran did not waive initial consideration of this evidence by the AOJ.

The Veteran's service connection claims for left lower extremity shin splint, right lower extremity shin splint, and bronchitis have been denied.,The Veteran’s psychiatric disorder claim has been remanded due to the need for a medical opinion.

The Veteran's claim for an effective date prior to March 10, 2011 for a 100% rating for recurrent bronchitis with COPD was denied as the earliest factually ascertainable date that he was entitled to this higher disability rating is subsequent to March 10, 2011.

The Veteran's respiratory disorder, prostate cancer, and essential tremors are all remanded for further examination and opinion.,Prostate cancer is being remanded due to the need for a new and material evidence review. Essential tremors have been referred back for an addendum opinion addressing whether it was aggravated by service.