CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD)

Summary

The Veteran, a veteran who served from June 1990 to June 1994, appeals the denial of service connection for chronic bronchitis. The Veteran testified at a Board hearing that his bronchitis began in 1990 while stationed at Lackland Air Force Base, attributing it to upper respiratory infections and stating he had no prior respiratory issues before enlisting. The Board found the Veteran's testimony credible regarding the onset of bronchitis during service and the subsequent lack of medical records due to flood damage and retention policies. The Board also considered private treatment records showing bronchitis treatment from 2007 to 2018 and a private medical opinion from PA-C H.M.C. that linked chronic bronchitis to service, citing a plausible mechanism for lung injury from acute bronchial infection. While VA examinations in 2004, 2018, and 2020 did not diagnose chronic bronchitis or found it unrelated to service, the Board found the evidence to be in approximate balance. Applying the benefit of the doubt, the Board granted service connection for chronic bronchitis, finding it arose during service.

Rationale

Veteran has current diagnosis of chronic bronchitis; In-service treatment for bronchitis and pneumonia; Private medical opinion links condition to service; Evidence in approximate balance, doubt resolved in Veteran's favor

Full Decision Text

Citation Nr: A26040164
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 211006-189507
DATE: April 29, 2026

ORDER

Service connection for chronic bronchitis is granted.

FINDING OF FACT

The Veteran's chronic bronchitis had its onset during his active-duty service.

CONCLUSION OF LAW

The criteria for service connection for chronic bronchitis are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1990 to June 1994. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2020 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

Based upon the selection of the Hearing docket, the Board may consider the evidence of record as of October 6, 2020-the date of the rating decision on appeal, and evidence submitted at or within 90 days of the June 9, 2025 Board hearing. See 38 C.F.R. § 20.302. If the Veteran submitted evidence that was added to the record after October 6, 2020 and before the June 9, 2025 Board hearing, or more than 90 days following the Board hearing, the Board did not consider it. If the Veteran wishes to have VA consider any evidence that was not considered, a supplemental claim should be submitted identifying such evidence. See 38 C.F.R. § 3.2501.

The record shows that the Veteran has pending appeals at the Board for service connection for hypothyroidism, lumbosacral strain, and recurrent sinusitis. Since those claims are in separate AMA appellate streams, this decision would only concern the claim for chronic bronchitis. The Veteran is advised that he will receive separate Board decisions for those issues after the requested Board hearing has been scheduled and taken place. 

Service connection for chronic bronchitis is granted.

The Veteran asserts that he has chronic bronchitis that had its onset during his active-duty service. At the June 2025 Board hearing, the Veteran testified that his bronchitis began in 1990 when he was stationed at Lackland Air Force Base and had upper respiratory infections. See Hearing Transcript received 6/09/2025 at page 3. The Veteran testified that he had no prior respiratory issues before he enlisted in the military. Id. at page 6. 

The Board concludes that the Veteran has a current disability of chronic bronchitis that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).

Although VA examiners have not diagnosed the Veteran with chronic bronchitis, the Board finds that his private treatment records show treatment for bronchitis from 2007 to 2018. See Correspondence received 12/14/2019; see also Correspondence received 10/09/2019 at page 4. Additionally, the Board finds that in the medical opinion of PA-C H.M.C., wherein she opines that the Veteran has chronic recurrent bronchitis had its onset in service is also proof of a current condition. See Correspondence received 12/14/2019.  Accordingly, the Board will resolve any doubt in the Veteran's favor concerning a current disability and find that the Veteran has a current diagnosis of bronchitis. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 

During service, the Veteran was seen for complaints of upper respiratory infections (URIs), pneumonia, and important to this claim, bronchitis. See STR-Medical received 6/26/2017 at pages 8, 80, and 98. Additionally, when the Veteran was admitted into service in September 1989, his lungs and chest were found to be normal. See STR-Medical received 4/13/2018 at page 1. 

Accordingly, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim.

The Veteran first received a VA examination in November 2004 and was diagnosed with episodic bronchitis with no residuals. The November 2004 VA examiner opined that there was insufficient evidence to warrant a diagnosis of any acute or chronic bron
. See STR-Medical received 6/26/2017 at pages 8, 80, and 98. Additionally, when the Veteran was admitted into service in September 1989, his lungs and chest were found to be normal. See STR-Medical received 4/13/2018 at page 1. 

Accordingly, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim.

The Veteran first received a VA examination in November 2004 and was diagnosed with episodic bronchitis with no residuals. The November 2004 VA examiner opined that there was insufficient evidence to warrant a diagnosis of any acute or chronic bronchitis given his normal PFTs. See VA examination received 11/15/2004 at page 3. At the November 2004 VA examination, the Veteran reported that he had bronchitis on and off since he separated from service with episodes occurring every two years. Id. at page 2. 

The Veteran received a VA examination in May 2018 but was not diagnosed with bronchitis. See C&P Exam received 5/19/2018 at page 2. In December 2019, he received another VA examination and medical opinion. The December 2019 VA examiner provided a negative nexus statement, opining that it was less likely than not that the Veteran's alleged chronic bronchitis was due to service since his pneumonia that he developed in August 1990 cleared in October 1990, which is the typical course of pneumonia. Further, the December 2019 VA examiner found that when he separated from service in 1994, no chronic pulmonary conditions were found. The December 2019 VA examiner also found he did not have a current diagnosis of chronic bronchitis. See C&P Exam received 12/30/2019 at pages 1-2.

The Veteran was provided with another VA medical opinion in October 2020 based on a records review. Though that examination mainly addresses his sinusitis and rhinitis claims, the October 2020 VA examiner also found that the Veteran did not have a current diagnosis of bronchitis. See C&P Exam received 10/01/2020 at page 2. Further the October 2020 VA examiner opined that the diagnoses of bronchitis during service were likely preliminary and were due to his acute pneumonia which cleared. As for his current medical treatment records, the October 2020 VA examiner opined that his acute bronchitis was not of record until 2007 and episodically until 2019, and his calcified granuloma, which was diagnosed in 2019, all had no nexus to service. As rationale, he stated that the conditions were diagnosed after service and unrelated to his service. Id. at 1-2.  

In support of his claim, the Veteran submitted a letter from PA-C H.M.C. In the letter, PA-C H.M.C. opined that the Veteran's chronic bronchitis was at least as likely as not related to service since he had no prior diagnosis of bronchitis, he had significant bronchitis while in service, and his pneumonia infection was a plausible mechanism for lung injury and the development of his chronic bronchitis into his adulthood. See Correspondence received 12/14/2019 at page 2.  PA-C H.M.C. also cited an article that discusses how acute bronchial infection often triggers initial lung irritation and swelling which can make certain individuals more susceptible to recurrent chronic infections and leads to chronic bronchitis. Id. at page 2.  

The Board finds that both the VA examiners' opinions and the private opinion from PA-C H.M.C. are probative based on the evidence in the record. Additionally, the Board finds that the Veteran's testimony of having bronchitis chronically since service but not having the medical records due to flood damage in his home and record retention policies to be credible. 

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Therefore, upon review of the record, the Board finds the evidence to at least be in approximate balance as to whether the Veteran's bronchitis arose in service. Accordingly, after resolving all doubt in favor of the Veteran on the nexus element of service connection, the Board finds that service connection for chronic bronchitis is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Dixon

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. §
 the evidence to at least be in approximate balance as to whether the Veteran's bronchitis arose in service. Accordingly, after resolving all doubt in favor of the Veteran on the nexus element of service connection, the Board finds that service connection for chronic bronchitis is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Dixon

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.