The Board denied service connection for a right shoulder disability and remanded the issue of service connection for chronic bronchitis due to presumed in-service exposure to burn pits. The TDIU claim is also being remanded.
The deciding factor: The VA examiner's opinion was inadequate as it did not reconcile findings regarding chronic bronchitis with previous medical records, nor address the Veteran's participation in a TERA during service.
- Claimed conditions
- Right Shoulder Strain, Chronic Bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- September 26, 2023
- Citation
- 23053618
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23053618.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for separate ratings for chronic bronchitis and obstructive sleep apnea is denied as the disabilities are rated under different diagnostic codes and cannot be combined.
- Granted
The Veteran's asthma with chronic bronchitis is rated at a 30 percent rating, effective from the date of this decision.
- Denied
The Veteran's appeal for an earlier effective date for service connection and increased rating for his right shoulder disability was denied. The Board found that the earliest claim for service connection was filed on June 3, 2024, and thus no earlier effective date is warranted.
- Granted
The Veteran's claim for service connection for right shoulder strain with rotator cuff tendonitis was granted, effective August 19, 2024. The decision is based on the merits of the case and not due to any presumption or new evidence.
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