Chronic bronchitis decisions — 2023

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected respiratory disabilities, including chronic obstructive pulmonary disease (COPD) with history of bronchitis.

The Veteran's lung condition, diagnosed as chronic bronchitis, is remanded for further evaluation due to conflicting evidence and the need for clarification regarding its relationship to service.

The Veteran's claim for service connection for bronchitis is denied. The Board found no current diagnosis of the condition and no evidence linking it to military service.,The Veteran's claim for presumptive service connection for vasomotor rhinitis due to burn pit exposure in Afghanistan is granted based on the PACT Act. The claim will be further reviewed after addressing prior decisions.,The Veteran's claim for service connection for right shoulder strain remains pending and requires additional review considering a fellow servicemember's statement.

The Board has dismissed the claim for a compensable evaluation for scar, fibrosis of the left cheek above the upper lip. The remaining issues have been remanded: right knee disability, prostate disability (including prostatitis (BPH), chronic epididymitis, urinary dysfunction), chronic sinusitis (including allergic rhinitis), and chronic bronchitis (including asthma).

The Board dismissed the appeals for service connection of respiratory, liver, and cardiac conditions as secondary to a service-connected disability due to the appellant's death.

The Veteran's service connection claim for COPD is granted due to exposure to burn pits during active duty in Southwest Asia. The claim for bronchitis is denied as there is no current diagnosis of the condition. The claim for an increased rating for major depressive disorder is denied as a matter of law due to failure to attend a VA examination.

The Board has remanded the claims for hypertension, bilateral hearing loss disability, and respiratory disorder due to unresolved issues.,Service connection is being considered on a direct basis for these conditions.

The Board has determined that additional evidence was received after the issuance of the Statement of the Case (SOC) and requires further review by the AOJ. The claims for service connection are being remanded to allow for this additional consideration.

The Board has remanded the claims for further development to obtain VA medical opinions and to review additional pertinent evidence, including VA treatment records from January 2017 to May 2021.

The Veteran's bronchitis is rated at a 10 percent disability rating. The Board also found that the Veteran's sleep apnea is aggravated by his service-connected bronchitis and granted service connection for this condition.

The Board has granted service connection for the Veteran's respiratory disorder, diagnosed as COPD, bronchitis and chest pains, on a secondary basis to his service-connected major depressive disorder with alcohol use disorder.

The Veteran's appeal for service connection for a respiratory disability, including asthma and bronchitis, is remanded due to the need for an examination. The appeal for a higher rating for intervertebral disc syndrome with thoracolumbar strain is also remanded.

The Board has remanded the Veteran's claims for sinus tachycardia, chronic bronchitis, and asthma due to potential exposure to toxic substances during service. The claims are being remanded to ensure compliance with the PACT Act regarding TERA.

The Board denied service connection for various conditions, including sinusitis, bronchitis, asthma, bilateral pes planus, right ankle condition, left ankle condition, right leg condition, and left leg condition. The decision also noted that the Veteran's sleep apnea was not incurred in or caused by his active service.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's respiratory disorder and exposure claims. The case will be returned for further development, including obtaining additional treatment records and requesting an addendum opinion from a VA examiner.

The Board has remanded the claims for service connection due to new evidence and exposure theories. The Veteran's representative raised a new theory of entitlement based on in-service herbicide exposure, which requires further development.

The Veteran's claims for service connection for a sleep disorder and respiratory disability, including chronic bronchitis, chronic sinusitis, and residuals of meningitis are being remanded due to the need for further development.

The Veteran's lumbar spine degenerative disc disease with thoracic spine strain is denied an increased rating in excess of 40 percent.,For the period prior to March 17, 2023, the Veteran's cervical spine disability is denied an increased rating in excess of 20 percent. The right lower extremity radiculopathy is granted a 40 percent rating.

The Veteran's claim for service connection for bronchitis is remanded due to the need for a toxic exposure risk activity (TERA) examination. The TERA examination should consider all known toxic exposure risk activities, including Camp Lejeune contaminated water and shipboard asbestos exposure.

The Veteran's initial compensable rating for chronic bronchitis prior to September 27, 2021 is denied. A 100% evaluation for chronic bronchitis is granted from September 27, 2021. The issues of service connection for headaches and TDIU due to service-connected chronic bronchitis are remanded.