Chronic bronchitis decisions — 2024

The Board has dismissed the Veteran's claims for service connection due to lack of evidence supporting his allegations of disabilities, with some issues being remanded for further review.

The Board has restored service connection for chronic obstructive pulmonary disease and chronic bronchitis, finding that the original grant of service connection was not clearly erroneous.

The Veteran's asthma, chronic sinusitis, allergic rhinitis, and chronic bronchitis are presumed to have been incurred during active service due to exposure to burn pits.

The Veteran's service-connected disabilities, including myelodysplastic syndrome, hypertension, chronic bronchitis, and gastroesophageal reflux disease, rendered him unable to secure or follow substantially gainful employment from April 18, 2022, until his death on October [REDACTED], 2023. The Board granted a TDIU on an extraschedular basis based on the evidence showing functional limitations due to these conditions.

The Veteran is granted a total disability rating based upon individual unemployability (TDIU) for the entire period on appeal, excluding a temporary total rating period from January 30, 2024, to February 29, 2024.

The Board has denied a compensable rating for bilateral hearing loss and remanded the claims of service connection for Hashimoto thyroiditis, asthma, and acute bronchitis due to procedural errors and the need for additional medical opinions.

The Board has decided that service connection for plantar fasciitis is denied. The remaining claims of service connection for allergic rhinitis, sinusitis, bronchitis with chronic cough, anxiety, depression, insomnia, headaches, acid reflux with nausea, benign prostatic hyperplasia with voiding dysfunction, kidney stones, cervicalgia, lumbago, sciatica, bilateral carpal tunnel syndrome, bilateral elbow epicondylitis, a left knee condition, and right knee strain are remanded for further development.

The Veteran's respiratory disability, including sinusitis and bronchitis (also diagnosed as asthma), is being remanded for an addendum VA medical opinion to address his exposure to burn pits in Korea during service.

The Veteran's initial compensable rating for chronic bronchitis is denied.,Service connection for a right knee disability is denied. The Board has remanded the claims of service connection for left shoulder and lower extremity peripheral neuropathy due to conflicting evidence.,Service connection for a left shoulder disability, as well as for right and left lower extremity peripheral neuropathy, are also remanded.

The Board has remanded the claim due to inadequate medical opinions regarding the etiology of the Veteran's respiratory disorders, including COPD, asthma, chronic bronchitis, and non-specific interstitial pneumonia. The case will be returned for further development.

The Board has remanded the claims of service connection for COPD and chronic bronchitis due to inadequate pre-decisional duty to assist, specifically regarding the VA examiner's opinions on the relationship between these conditions and exposure to contaminated water in Camp Lejeune.

The Board has remanded the case due to insufficient opinions regarding lung nodules and asthma. The Veteran's claims for service connection are pending.

The Board remands the claim for service connection for a lung disability, including chronic bronchitis, asthma and bronchiectasis due to an inadequate VA examination.

The Veteran's chronic bronchitis is rated at 30 percent, which is the maximum available under DC 6600. The claim for a higher rating is denied.,The Veteran's left humerus fracture is rated at 30 percent, which is the maximum available under DC 5201. The claim for a higher rating is denied.,The Veteran's residuals of fractured left ankle are currently rated at 10 percent and his residuals of fractured right ankle are also rated at 10 percent. Both claims are remanded as they may warrant an increased rating.

The Veteran's right ankle disability is related to his military service and has been granted. The claims for chronic bronchitis and low back disability are remanded.

The Board found that the reduction from a 60% to a 30% disability rating for the respiratory disability was proper due to clear and unmistakable error (CUE) in the January 2018 rating decision. The claim for restoration of the 60% rating is denied.

The Board has granted service connection for chronic bronchitis, finding it a qualifying chronic disability that manifested to a degree of 10 percent or more not later than December 31, 2026. The condition is characterized as a diagnosed but medically unexplained chronic multisymptom illness.

The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors, including obtaining service treatment records and scheduling a VA examination.

Service connection for allergic rhinitis is granted due to presumed exposure to burn pits. Service connection for right and left ear hearing loss, chronic fatigue syndrome, irritable bowel syndrome, bilateral upper extremity neuropathy, bilateral carpal tunnel syndrome, skin rash (claimed as a skin disorder), bilateral hand disorder, bilateral hip disorder, bilateral leg disorder, neck disorder (cervicalgia), chronic pain disorder, upper respiratory infection, and bronchitis is denied due to lack of evidence of current disability or service connection.

The Board has determined that the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are remanded due to insufficient VA examination opinions, unassociated VA treatment records, and potential errors in the June 2021 rating decision regarding service connection.