Back to BVA DecisionsDENIEDSpecial Benefit NO SPECIAL BENEFIT Docket No. 260102-625714
TUBERCULOSIS PULMONARY CHRONIC
J. KIRBY · 2026 · Case ID: A26037109
Summary
The Veteran, who served from August 1969 to August 1971, appeals the denial of service connection for chronic bronchitis and chronic sinusitis. The Veteran claimed these conditions were due to herbicide and burn pit exposure during service in Vietnam, with the April 2025 rating decision acknowledging a favorable finding that the Veteran's participation in a toxic exposure risk activity (TERA) was conceded due to Vietnam service. However, the Board found that the Veteran did not have a current diagnosis for either chronic bronchitis or chronic sinusitis. A January 2026 VA examination determined the Veteran had multiple lung nodules, not chronic bronchitis, and a September 2024 VA contract examination diagnosed non-allergic rhinitis, not chronic sinusitis. Despite the Veteran's belief in having these conditions, the Board found the Veteran was not competent to provide a medical diagnosis. The Board gave more probative weight to the competent medical evidence, which did not support a diagnosis of chronic bronchitis or sinusitis. The benefit of the doubt doctrine was not applied as the evidence persuasively favored one side. Consequently, service connection for both chronic bronchitis and chronic sinusitis was denied.
Rationale
No current diagnosis of chronic bronchitis; VA examiner diagnosed multiple lung nodules; VA treatment records lack diagnosis
Full Decision Text
Citation Nr: A26037109 Decision Date: 04/21/26 Archive Date: 04/21/26 DOCKET NO. 260102-625714 DATE: April 21, 2026 ORDER Entitlement to service connection for chronic bronchitis is denied. Entitlement to service connection for chronic sinusitis is denied. FINDINGS OF FACT 1. The evidence of record persuasively weighs against finding that the Veteran has had a diagnosis of chronic bronchitis at any time during or approximate to the pendency of the claim. 2. The evidence of record persuasively weighs against finding that the Veteran has had a diagnosis of chronic sinusitis at any time during or approximate to the pendency of the claim. CONCLUSIONS OF LAW 1. The criteria for service connection for chronic bronchitis are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for chronic sinusitis are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from August 1969 to August 1971. These matters are before the Board of Veterans' Appeals (Board) on appeal from an April 2025 decision by the regional office, which serves as the Agency of Original Jurisdiction (AOJ) in this case. The April 2025 decision serves as both a rating decision for the issue of service connection for sinusitis and a supplemental review decision for the issue of chronic bronchitis. In August 2024, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of the issue of entitlement to service connection for chronic bronchitis as addressed in the July 2024 rating decision. In a December 2024 higher level review decision, a duty to assist error was identified and the issue was deferred; a supplemental review decision was issued in April 2025. In the January 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the April 2025 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims for entitlement to service connection for chronic bronchitis and for sinusitis, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Entitlement to service connection for chronic bronchitis. The Veteran asserts he has chronic bronchitis due to exposure to herbicide agents and burn pits during his service in the Republic of Vietnam. The April 2025 rating decision included the favorable finding that the Veteran's participation in a toxic exposure risk activity (TERA) was conceded, in that the Veteran had service in Vietnam. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnosis of chronic bronchitis and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki he has chronic bronchitis due to exposure to herbicide agents and burn pits during his service in the Republic of Vietnam. The April 2025 rating decision included the favorable finding that the Veteran's participation in a toxic exposure risk activity (TERA) was conceded, in that the Veteran had service in Vietnam. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnosis of chronic bronchitis and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The July 2024 VA examiner determined that, while the Veteran experienced symptoms of decreased pulmonary function and shortness of breath with physical exertion in activities such as walking over 100 feet, the Veteran did not have a diagnosis of chronic bronchitis. Instead, the VA examiner found that the Veteran had a diagnosis of multiple lung nodules. (Review of the record shows that the issue of entitlement ot service connection for multiple lung nodules was addressed in a August 2024 rating decision.) Further, despite VA treatment records dated through January 2025 of record and under review, such VA treatment records do not contain a diagnosis of chronic bronchitis. While the Veteran believes he has a current diagnosis of chronic bronchitis, he is not competent (meaning possessing the requisite formal education or training provided to medical professionals) to provide a diagnosis in this case. Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). The issue is medically complex, as it requires specialized medical education. Consequently, the Board gives more probative weight to the competent medical evidence. Therefore, service connection for chronic bronchitis is not warranted, and the appeal must be denied. In reaching the conclusions stated above, the Board has considered the applicability of the benefit of the doubt doctrine. As the evidence persuasively favors one side or the other, the doctrine is not for application. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc); 38 U.S.C. § 5107;38 C.F.R. § 3.102. Entitlement to service connection for sinusitis. The Veteran asserts he has sinusitis due to exposure to herbicide agents and burn pits during his service in the Republic of Vietnam. The April 2025 rating decision included the favorable finding that the Veteran's participation in a toxic exposure risk activity (TERA) was conceded, in that the Veteran had service in Vietnam. Thus, the question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnosis of chronic sinusitis and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky, 26 Vet. App. at 294; McClain, 21 Vet. App. at 321. The September 2024 VA contract examiner determined that, while the Veteran experienced subjective symptoms such as daily head congestion and a runny nose, the Veteran did not have a diagnosis of chronic sinusitis. Instead, the VA contract examiner found that the Veteran had a diagnosis of non-allergic rhinitis. (Review of the record shows that service connection for rhinitis was granted in a December 2024 rating decision.) Further, despite VA treatment records through January 2025 of record and under review, such VA treatment records do not contain a diagnosis of sinusitis. While the Veteran believes he has a current diagnosis of sinusitis, he is not competent (meaning possessing the requisite formal education or training provided to medical professionals) to provide a diagnosis in this case. Jandreau, 492 F.3d at 1376-77. The issue is medically complex, as it requires specialized medical education. Consequently, the Board gives more probative weight to the competent medical evidence. Therefore, the appeal for service connection for chronic sinusitis must be denied. In reaching the conclusions stated above, the Board has considered the applicability of the benefit of the doubt doctrine. As the evidence persuasively favors one side or the other, the doctrine is not for application. See Lynch, 21 F.4th at 776; 38 U.S.C. § 5107; 38 C.F requisite formal education or training provided to medical professionals) to provide a diagnosis in this case. Jandreau, 492 F.3d at 1376-77. The issue is medically complex, as it requires specialized medical education. Consequently, the Board gives more probative weight to the competent medical evidence. Therefore, the appeal for service connection for chronic sinusitis must be denied. In reaching the conclusions stated above, the Board has considered the applicability of the benefit of the doubt doctrine. As the evidence persuasively favors one side or the other, the doctrine is not for application. See Lynch, 21 F.4th at 776; 38 U.S.C. § 5107; 38 C.F.R. § 3.102. J. Kirby Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Struening, Eric The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.