In Rating Decision August 31, 2010, pertaining to Service connection for Bronchitis stated that:
Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Your service treatment records show treatment for bronchitis in May 1989 and September 1989. You were also seen for resolving bronchitis on February 15, 1991. Medical evidence showing a chronic condition of bronchitis has not been received.
A disability which began in service or was caused by some event in service must be considered “chronic” before service connection can be granted. Although there is a record of treatment in service for bronchitis no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore, service connection for bronchitis is denied since this condition neither occurred in nor was caused by service.
I Factual Background
Service medical records indicate that I (the veteran) was treated on several occasions for complaints related to problems bronchitis.
1. Jan 21, 1989, noted a follow –up on (SIQ) for diagnosis of "bronchitis and sinus".
2. May 9, 1989 I was treated for “viral gastroententis /viral syndrome /complicated by bronchitis”.
3. July 9. 1989, I was treated for “bronchitis” (SIQ) for another 72 hours
4. Sep 06, 1989, I was treated for “bronchitis” and resolved “VGE”(SIQ)24 hours
5. Sep 07. 1989. Recheck “bronchitis
6. Feb 11, 1991, I was treated for “bronchitis and pharyngitis” (SIQ) 24 hours
7. Feb 12, 1991, follow-up for “bronchitis”(SIQ) 48 hours
8. Feb 14, 1991, resolving bronchitis/meds induced gastritis (SIQ) 24 hours
9. Feb 15,1991,resolving bronchitis
10. Jan 11,1993, Sino bronchial Infection
11. Jan 12,1993,URI with PND(Sino bronchial) with nausea/vomiting (SIQ) 48
12. Jan 14, 1993 slow resolving “Sino bronchial infection”
Almost every time that I was diagnosis with bronchitis I was incapacitated (bed rest and treated by a physician) at least 24 hours or more.
Military treatment records for the period September 1993 thru December 1997 cannot be located.
There is a statement in my C-_file said that it is “fruitful to look for them”
1. March 30, 1999, I was seen at Palmyra Medical Center, Albany, GA, for Bronchitis
2. April 05,199, private doctor, Dr. Grady Thompson, MD, diagnosis (1) Bronchospasms, (2) Post influenza Bronchitis vs. Pneumonia, follow-up 7-10 days.
3. April 05, 1999, seen at Palmyra Medical Center for Difficulty Breathing was given Nebulizer treatment times( 3) per Dr. Mankin per Dr. Grady Thompson(see respiratory care notes)
4. April 19, 2000,Palymra Medical Center, Albany, GA diagnosis Acute Sinusitis
5. November 01, 2001, Dr. Grady Thompson seen for respiratory infection(FLU) bed rest for 5 days
6. November 05, 2001, Dr. Grady Thompson for follow-up on flu returned to work
7. December 25, 2001, Phoebe Putney Memorial Hospital East Clinic, Albany GA for cold and sore throat
8. January 7, 2002, I was seen by private physician Grady Thompson, MD. 1107A Eighth Avenue, Albany, GA 31701 for “Asthmatic Bronchitis” out of work from January 6, 2002 thru January 22, 2002. Medication that I receive was antibiotic, antitussive and bronchodilators
9. May 4, 2003, seen at Medical Associates of Albany, GA for Bronchitis and URI
10. January 21, 2004, Dr. Grady Thompson, Albany, GA , for flu, bed rest for 3-4 days
11. March 22, 2010, seen at Medical Associates of Albany, GA diagnosis Bronchitis
12. October 4, 2010, seen at Medical Associates of Albany, GA diagnosis sinusitis
13. October 29, 2010, seen at Medical Associates of Albany, GA diagnosis, Allergies, Migraines ,
In order to establish service connection for a claimed disorder, there must be (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999).
With respect to Hickson element (1), private medical evidence reflects a diagnosis of bronchitis. Element (1) has therefore been met.
Moving to Hickson element (2), in-service incurrence of disease or injury, during the veteran’s active service she had several documented episode of bronchitis from Jan 1989 thru Jan 1993.
As to crucial Hickson element (3), medical nexus: the veteran did not have bronchitis prior to her military service, she had bronchitis in service, and continue to have bronchitis symptomatology since service. See 38 C.F.R. § 3.303(b). There is no medical evidence indicating that the Veteran’s current bronchitis began after active service.
Edited by Reddit, 26 July 2013 - 01:14 PM.