Chronic bronchitis decisions — 2022

An increased disability rating of 100 percent for service-connected chronic bronchitis from November 1, 2014 to April 3, 2018 is granted.

The Veteran's claims for service connection and initial disability ratings are being remanded due to the submission of additional evidence. The issues include allergic rhinitis, hypertension, GERD with Hepatitis A and B, left-ear hearing loss, high cholesterol, respiratory disabilities, liver disorder, and TDIU.

The Veteran's appeal for a higher rating for obstructive sleep apnea with bronchitis was denied, and the Board found that he is not entitled to TDIU on an extraschedular basis due to his service-connected disabilities.

The Board denied service connection for a lung disability, other than COPD and chronic bronchitis, finding that the evidence did not support a link to service. Service connection was also denied for granuloma, as the VA examiner found it less likely related to service.

The Veteran's claims for service connection for acquired psychiatric disorder, heart disorder, lung disorder and obstructive sleep apnea have been denied as the evidence does not support a finding of in-service incurrence or exposure to conditions that would warrant these diagnoses.

The Veteran's claims for service connection for chronic sinusitis, chronic bronchitis under the PACT Act of 2022, asthma, bilateral knee disabilities, and TMJ dysfunction are all granted. The Veteran served in Afghanistan from May to November 2011, qualifying him for presumptive exposure to fine particulate matter from burn pits.

The Board has remanded the claim of service connection for chronic bronchitis due to incomplete documentation and lack of a nexus opinion. The Veteran's lay statements regarding her symptoms are considered, but further examination is needed.

The Veteran's initial compensable rating for bilateral hearing loss is denied, but he receives a TDIU and special monthly compensation at the housebound rate. Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also granted.

The Board has denied the Veteran's claims for service connection for cervical pain, lower back disability, bilateral foot disability, bronchitis, hypertension, stomach injury, ulcer disease, prostate cancer, erectile dysfunction, and bilateral hearing loss. The Board found that there was no evidence of a chronic condition during or within one year after service, and that any current conditions are not related to service.

The Board has decided to remand the Veteran's claims for chronic bronchitis, cervical spine disability, lumbar spine disability, bilateral knee disability, and left ankle disability due to inadequate VA examinations. The Veteran will be provided a new examination to determine the nature and etiology of these conditions.

The Board has granted service connection for a left knee disorder and remanded the TDIU claim due to insufficient evidence of unemployability.

The Board has denied earlier effective dates for service connection of the Veteran's conditions due to lack of evidence showing an intent to seek benefits prior to August 12, 2013. The claims are therefore denied.

The Board denied an earlier effective date for the grant of service connection for COPD and chronic bronchitis, finding that January 11, 2011 is the earliest possible effective date.

The Board has remanded the claims of service connection for bilateral hearing loss and bronchitis, as well as the TDIU claim. The Veteran's hearing loss was not found to be present during service or at any time since service, while his bronchitis is considered a current disability that may have been caused by in-service exposure to fumes and dust.

The Veteran's claims for service connection have been granted, with the exception of hyperlipidemia. The Board found that hyperlipidemia does not constitute a disability for VA benefits purposes.

The Board has decided to remand the claims of service connection for a back disability, sleep apnea (secondary to service-connected bronchitis), bilateral hearing loss, and bronchitis. The Veteran's records from CHRISTUS Mother Frances in Tyler, Texas need to be obtained. An examination is needed for all issues.

The Veteran's service-connected disabilities, including PTSD, bronchitis, diabetes mellitus, peripheral neuropathy of the lower extremities, and tinnitus, combine to render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has granted the Veteran's claim of service connection for a bilateral foot disability. The claims for service connection for back, left knee, right knee, and bronchitis disabilities have been remanded due to insufficient evidence.

The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and an increased rating for bronchitis, finding that there was no evidence to support these claims based on the lack of in-service or current medical records indicating a link between the disabilities and his military service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's respiratory disabilities are related to in-service immunizations.