Chronic bronchitis decisions — 2019

The Veteran's service-connected disabilities combined to a 90 percent rating between December 20, 2010 and December 30, 2014. Prior to December 30, 2014, the Veteran was not unemployable due to his service-connected conditions.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and the need for additional examinations. The claims will be reviewed after obtaining all relevant records.

The Board denied service connection for left knee disorder, right knee disorder, and bronchitis as there is no evidence of a chronic disability within one year following separation from active service.,There are no diagnoses or treatment records indicating the Veteran had any chronic conditions during his period of active service.

The Board has determined that the evidence is not sufficient to determine if the Veteran needs regular aid and attendance solely due to his service-connected bronchitis with bronchiectasis. The case is being remanded for further evaluation.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations. The issues of service connection for an acquired psychiatric disorder, bronchitis, sleep apnea (secondary to bronchitis), PTSD, and an acquired psychiatric disorder secondary to a service-connected lumbar spine disorder will be addressed.

The Veteran's claims for service connection for a left ear hearing loss disability, right ear hearing loss disability, asbestosis, and respiratory disorder (asthma with possible chronic bronchitis) are remanded due to the need for clarification of certain medical opinions.

The Veteran's application to reopen his previously denied claim for service connection for asthmatic bronchitis is granted. The Board finds that a remand is required due to the lack of VA examination and opinion addressing whether the Veteran's pre-existing asthma was aggravated by service.

The Veteran's claims for service connection for recurrent bronchitis, sleep disorder (insomnia and obstructive sleep apnea), eustachian tube dysfunction, chills, immune system disorder, and headache disorder have all been denied as the evidence does not support a finding that these conditions are related to military service.

The Veteran's appeal is remanded due to the improper combination of sleep apnea and asthmatic bronchitis, which are evaluated under different diagnostic codes. The VA needs to separate these conditions and obtain updated VA examinations to accurately assess their severity.

The Veteran's claims of entitlement to service connection for bronchitis, prostate cancer, and thyroid cancer were denied due to lack of new and material evidence.,For the claim of a rating in excess of 20 percent for patellofemoral syndrome, left knee, the criteria have not been met.

The Veteran's claims for right ear hearing loss, sinus infections and deviated septum, allergies, left ear hearing loss prior to February 2, 2015, chronic bronchitis since February 2, 2015, and the nature and etiology of his current sinus infections/deviated septum/allergies are remanded for further development.

The Veteran's TDIU claim is remanded due to new evidence and the VA has not yet adjudicated his increased rating for chronic bronchitis. The TDIU issue will be referred to the Director, Compensation Service for extraschedular consideration.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, review of SSA records, and consideration of functional impact.

The Veteran's claims for service connection have been reopened, but the appeal is granted only in part as some issues are remanded.,Service connection has been restored for lumbar strain and PTSD.

The Veteran's claim for service connection for Barrett’s esophagus with hiatal hernia, respiratory disability (including restricted lung capacity and chronic bronchitis), sleep apnea, bilateral hearing loss, hypertension, right nephrolithiasis, and PTSD was denied.,PTSD received an initial rating of 70 percent, but no higher.

The Board denied service connection for a low back condition, sinusitis, and bronchitis as there is no evidence of current disabilities in the record.

The Veteran's claims for service connection for chronic bronchitis/pneumonia, degenerative joint disease of the right knee, and sinus condition are denied. The case is remanded for further development regarding these issues.

The Board has remanded the claims for service connection for lumbar and cervical spine disabilities, as well as bronchitis. Additional medical opinions are needed to address the etiology of these conditions.

The Veteran's tinnitus is related to noise exposure during active service. The Board finds that the evidence is in equipoise as to whether the Veteran’s sleep apnea is related to service or proximately due to his service-connected PTSD. The issues of acid reflux, alopecia, diverticulitis, migraines, athlete’s foot of the right foot, athlete’s foot of the left foot, back disability, bilateral hearing loss, chronic bronchitis, hemorrhoids, right foot heel spur, left foot heel spur, right knee disability, left knee disability, right shoulder disability, left shoulder disability, neuropathy of the bilateral lower extremities, neuropathy of the bilateral upper extremities, and pseudofolliculitis barbae are remanded for further examination and consideration.

The Veteran's appeal was denied as his timely Notice of Disagreement (NOD) in response to the May 2009 rating decision was not filed within one year of the denial.