Chronic bronchitis decisions — 2019

The Veteran's appeal for a higher rating for his service-connected bronchitis and TDIU was denied. The Board found that the Veteran’s disability picture did not more nearly approximate the criteria for an increased rating under Diagnostic Code 6600, and concluded he is unable to secure or follow a substantially gainful occupation due to his migraines and mental health issues.

The Board has determined that new and relevant evidence sufficient to readjudicate the previously denied claim for service connection for bronchitis has been received. The claims for service connection for lumbar spine disorder, left knee disorder, right knee disorder, and sleep apnea are being remanded for further development.

The Board denied the Veteran's claim of service connection for a respiratory condition, finding that there was no evidence to support a link between his current respiratory disabilities and service or a service-connected disability.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory conditions, including asthma and bronchitis, and their relationship to his service-connected PTSD with anxiety.

The Veteran's sleep apnea, PTSD, bronchitis, migraines, left knee tendonitis, tinnitus, right knee tendonitis, and plantar fasciitis are service-connected. The Board has granted TDIU based on the combined impact of these conditions.

The Veteran's claim for an earlier effective date for TDIU is remanded due to insufficient evidence of his functional and work-related capabilities during the period from January 27, 2009, to January 26, 2010. The AOJ must obtain missing records and provide a VA examiner with relevant information.

The Board dismissed the Veteran's claims for bronchitis, COPD, pleurisy, and pneumonia. The Veteran's claim for a skin disability was remanded.

The Board has granted service connection for chronic bronchitis and obstructive sleep apnea as secondary to chronic bronchitis. The claim for service connection of an acquired psychiatric disorder is remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for service connection for bronchitis and gastroesophageal reflux disease (GERD) associated with herbicide exposure due to a lack of proper notification regarding scheduled VA examinations. The Veteran must be provided another opportunity to report for these examinations.

The Board has remanded several service connection claims for further development due to inadequate VA examinations and opinions. The Veteran's conditions include strokes, transient ischemic attacks, memory loss, fibromyalgia (claimed as Desert Storm Syndrome), chest pain, joint pain and swelling, hemoptysis, hypertension, neck pain, mouth sores, body sores, migraines, sleep disorder, fatigue, sinusitis (claimed as nose bleeds), bronchitis (claimed as shortness of breath). The claims are related to service in the Gulf War.

The Veteran's hypertension and headaches are granted service connection.,Service connection for fatigue disability, vesicular dermatitis, gastrointestinal disorder, sleep apnea, joint pain, and muscle pain is denied.

The Veteran's migraine headaches are rated at 50 percent throughout the claim period.,Service connection is granted for a neck disability, chronic bronchitis, prostate cancer, and right and left knee disabilities. The acquired psychiatric disorder, GERD, groin disability, and service connection claims remain pending.,An increased rating of 50 percent for migraine headaches is granted. Service connection for the neck disability, chronic bronchitis, prostate cancer, and right and left knee disabilities are granted. The acquired psychiatric disorder, GERD, and groin disability claims are remanded.

The Board has remanded the case due to the need for a VA examination and additional records, as well as clarification on the Veteran's exposure history.

The Board has decided to remand the Veteran's claim for a compensable rating for residuals of right lung surgery due to inadequate examination results and the need for further development.

The Board has decided to remand the cases for further action due to incomplete examinations and new evidence received. The Veteran's bilateral hearing loss claim is being remanded for a VA examination, and his bronchitis rating is also being remanded for updated treatment records and an examination.

The Veteran's service-connected bronchitis and emphysema diagnosed as chronic obstructive pulmonary disease did not cause or permanently aggravate his loss of use of the legs, nor did it result in loss of use of both feet. Therefore, he is denied eligibility for special monthly compensation based on loss of use of the feet.

The Board denied the reopening of claims for service connection for depression, GERD, a skin rash, and bronchitis. The claim for hypertension was reopened but not granted due to lack of evidence linking it to service.

The Veteran's claim for a disability rating in excess of 30 percent for his service-connected chronic bronchitis (also claimed as COPD and emphysema) is remanded. The issue of entitlement to total disability rating based on individual unemployability (TDIU) is also remanded due to the inextricably intertwined nature with the increased evaluation issue.

The Board has decided that the Veteran's obstructive sleep apnea is service connected, but has remanded for further examination and opinion regarding his bronchitis, upper respiratory infection, and common cold.

The Veteran's chronic bronchitis is rated at 10 percent under the rating criteria for chronic bronchitis. The Board denied an increased rating as his FEV-1 and FEV-1/FVC levels are within the range that warrants a 10 percent rating.