Citation Nr: 18148178 Decision Date: 11/07/18 Archive Date: 11/07/18 DOCKET NO. 13-11 572 DATE: November 7, 2018 ORDER Entitlement to service connection for bronchiectasis (chronic cough) is denied. Entitlement to service connection for asthma is denied. FINDINGS OF FACT 1. The preponderance of the evidence is against finding that the Veteran’s asthma began during active service, or is otherwise related to an in-service injury, event, or disease, to include in-service respiratory treatment and any exposure to asbestos. 2. The preponderance of the evidence is against finding that the Veteran’s chronic cough began during active service, or is otherwise related to an in-service injury, event, or disease, to include in-service respiratory treatment and any exposure to asbestos. CONCLUSIONS OF LAW 1. The criteria for service connection for asthma are not met. 38 U.S.C. §§ 1131, 1137, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.307, 3.309. 2. The criteria for service connection for chronic cough, are not met. 38 U.S.C. §§ 1131, 1137, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Pursuant to a February 2017 Board remand, outstanding service hospital records and updated VA treatment records were associated with the file, and a July 2018 VA opinion and addendum opinion were obtained. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred or aggravated in active military service. 38 U.S.C. §§ 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Generally, establishing service connection requires (1) 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 1. Entitlement to service connection for chronic cough 2. Entitlement to service connection for asthma The Veteran asserts that he is entitled to service connection for asthma and chronic cough. While the Veteran has been diagnosed with respiratory conditions, to include asthma and chronic cough, the preponderance of the evidence weighs against finding that these medical conditions began during service or are otherwise related to an in-service injury, event, or disease. 38 U.S.C. §§ 1131, 5107(b). In this regard, the Veteran underwent a VA examination in July 2018. Upon review of the evidence, to include the Veteran’s contention that he was diagnosed with asthma as a child; the STRs, to include the December 1961 and June 1963 in-service treatment for acute respiratory disease and pneumonia, the VA examiner provided negative nexus opinions. Regarding asthma, the examiner determined that asthma did not clearly and unmistakably preexist service as the Veteran’s entrance examination does not note asthma and the Veteran indicated “no” to the question regarding asthma. The VA examiner further determined that the Veteran did not currently have bronchiectasis and opined that it was less likely than not that asthma and/or COPD had onset in service or were related to the in-service treatment for acute respiratory disease and pneumonia. She also opined that chronic cough was caused by COPD, which is caused by the Veteran’s smoking history. The VA examiner noted that according to Mayo Clinic, COPD and asthma are not caused by pneumonia. Smoking tobacco products cannot be the basis of service connection under relevant law and regulations. The Veteran’s disabilities have been attributed to smoking and not to other exposures, to include asbestosis. The examiner noted that the Veteran did not have a respiratory disability secondary to asbestos. While the Veteran believes his respiratory conditions are related to his military service, he is not competent to provide nexus opinions due to the medically complex nature of his conditions. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). The Veteran has not provided any additional medical evidence in support of his claim. Consequently, the Board gives more probative weight to the July 2018 VA examiner’s opinion and addendum opinion. The Board acknowledges the Veteran’s request for another opinion and examination, and regrets that the Veteran was not satisfied with the interactions at the time of the examination. Review of the examination report reflects that the examiner considered the relevant evidence and provided supported opinions based on these correct facts. The Board does not find a basis that remanding for another opinion would lead to evidence supporting the benefit sought.   The Board has carefully and sympathetically considered the Veteran’s contentions, but cannot find a basis for granting the claims in appellate status or for additional development. The greater weight of the evidence is against the Veteran’s claims of entitlement to service connection for respiratory conditions, to include asthma and chronic cough; therefore, the claims are denied. In reaching these conclusions, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, as the preponderance of the evidence is against the claims, that doctrine is not applicable. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Hemphill, Associate Counsel