Chronic bronchitis decisions — 2024

The Veteran's asthma, allergic rhinitis, bronchitis, bilateral plantar fasciitis, cardiovascular disease, left shoulder condition, scars, kidney condition, TBI residuals, diabetes mellitus type II, diverticulitis, gastritis, and hypertension are remanded due to incomplete service records.

The Board has denied service connection for bronchitis, headaches, right shoulder disability, dermatitis, dry eye syndrome, kidney stones, and pharyngitis. The Veteran's claims are remanded due to potential exposure to toxic substances during service.

The Veteran's service connection claim for COPD and bronchitis is granted due to presumed exposure to burn pits during his service in Kuwait, as provided under the PACT Act.

The Board has found that a remand is necessary due to the lack of proper notice regarding an element not met in denying the Veteran's increased rating claim for asthma with recurrent acute bronchitis. The Veteran was not informed about the intermittent course of systemic corticosteroids, which may have been an issue.

The Veteran's service-connected recurrent pneumonia with lung scarring has rendered him unable to secure or follow a substantially gainful occupation due to the combined effects of his service-connected disability and other non-service-connected respiratory conditions.

The Veteran's bilateral hearing loss disability is rated at 0 percent, as the evidence does not show it meets or approximates the criteria for a compensable rating.,The Veteran's chronic sinusitis is rated at 0 percent, as he has experienced no incapacitating episodes in the past year and his symptoms do not meet the criteria for a higher rating.

The Veteran's claims for a compensable rating for service-connected bronchitis and service connection for sleep apnea are remanded due to pre-decisional duty to assist errors. The case will be returned to the AOJ for correction of these errors.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to increased ratings for sleep apnea and chronic bronchitis, as well as bilateral hearing loss. The AOJ must schedule the Veteran for VA examinations to assess his current symptoms and manifestations of these disabilities.

The Veteran's claim for a compensable rating for bronchitis was denied as the FEV-1/FVC ratio most accurately reflects his disability level, not warranting any higher than a noncompensable rating.

The Veteran's claims for service connection were denied. The reduction of the rating for bronchitis from 30 percent to 10 percent was upheld, but restoration of the 30 percent rating is denied.

The Veteran's claims for hypercholesterolemia and multiple myeloma have been denied as there is no evidence of a current disability.,For the remaining conditions, the Board has remanded the cases due to incomplete records and the need for additional examinations.

The Veteran's bronchitis and tension headaches were denied as they do not meet the criteria for a compensable rating under applicable VA regulations.,Service connection was denied for CFS, allergic rhinitis, and sinusitis due to lack of a current diagnosis or medical nexus.

The Board has determined that the Veteran's dyspnea with chronic bronchitis does not warrant a rating in excess of 10 percent, as his pulmonary function test results do not meet the criteria for a higher evaluation.

Service connection for chronic bronchitis is granted effective August 10, 2022. The claim for service connection prior to this date is remanded.

The Veteran seeks an earlier effective date for SMC based on housebound status and eligibility for Dependents' Educational Assistance (DEA) benefits. The Board has determined that the earliest possible effective dates are February 18, 2014 for SMC and February 19, 2014 for DEA.,The Veteran's service-connected disabilities include Ehlers-Danlos Syndrome, which was granted a permanent and total rating from February 18, 2014. This resulted in the assignment of earlier effective dates for both SMC and DEA benefits.

The Board has remanded the claims of service connection for a respiratory disability and OSA as secondary to asthma due to a pre-decisional duty to assist error in failing to obtain an examination and opinion regarding the Veteran's claim for service connection for a respiratory disability. The issues are inextricably intertwined with the respiratory disability claim.

The Veteran's claim for service connection for asthmatic bronchitis has been granted with an effective date of September 19, 2019. The other claims remain denied.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for a respiratory condition, including COPD. The Veteran was exposed to asbestos during service and presumed to have been exposed to herbicides in Vietnam.

The Veteran's appeal for service connection for chronic bronchitis was dismissed because the Notice of Disagreement (NOD) was not timely filed within one year of the September 2015 denial.

The Veteran's claims for service connection for headaches, sinusitis, bronchitis, and asthma have been denied as there is no evidence of a chronic disability related to these conditions during or within one year after service. The VA examiners concluded that the claimed respiratory disorders are not related to service.