Citation Nr: 18148796 Decision Date: 11/08/18 Archive Date: 11/08/18 DOCKET NO. 16-46 130 DATE: November 8, 2018 ORDER Service connection for emphysema (also claimed as lung condition) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his diagnosed emphysema was incurred during active service. CONCLUSION OF LAW The criteria for entitlement to service connection for emphysema have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2017) REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1972 to March 1981 and October 1981 to November 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA). In July 2017, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record. Service connection for emphysema is granted. Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires evidence showing: (1) a current disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the current disability and the disease or injury incurred or aggravated in service. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). When there is an approximate balance of positive and negative evidence regarding the merits of an issue, the benefit of the doubt shall be given to the Veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. If the preponderance of the evidence is against the claim, the claim is to be denied. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). The Veteran contends his emphysema is related to his active service as a boiler technician on board several ships during Vietnam, including the USS Dixie and USS Barbey. Specifically, he asserts that he was exposed to asbestos while replacing asbestos lagging (insulation), cutting and repairing boiler brickwork that contained asbestos, and mixing asbestos paste to repair steam pipes from 1972 to 1978. See October 1991 service treatment records (STRs); July 2017 Hearing transcript. First, both VA and private treatment records establish the Veteran has a current diagnosis of emphysema ( January 2015, January 2016, August 2016, February 2017). The Board also notes that in-service asbestos exposure has been conceded. Indeed, service connection for interstitial lung disease has been granted based on in-service asbestos exposure. Moreover, the Veteran’s DD Form 214 indicates that his primary specialty was as a boiler technician and he served on board several ships from 1972 to 1978, to include the USS Dixie and USS Barbey. Therefore, the remaining question is whether the currently diagnosed emphysema is related to service. In this regard, the Board notes there are conflicting opinions of record. Indeed, the September 2017 private examiner opined the Veteran’s emphysema is “most likely secondary to sequel of asbestos exposure.” He reasoned that the Veteran “reports a >20 year [sic] history of asbestos exposure while in the military. He had direct exposure to asbestos insulation. His lung function testing reports mixed obstructive and restrictive processes. The restrictive process is most likely secondary to sequel of asbestos exposure. He does have evidence of bibasilar pleural plaquing seen on chest imaging that supports prior exposure of asbestos. Most likely his asbestos exposure is causing worsening of his underlying lung disease.” The opinion is supported by a full rationale which is supported by the evidence of record. Therefore, the Board places great probative weight on this opinion. On the other hand, the January 2015 VA examiner provided a negative opinion stating that the because the “Veteran smoked 2.5 to 3 packs per day from 1972 to 1999” his emphysema is “most likely related to his history of smoking.” He reasoned that the “CT scan completed 1-12-2015 noted minimal bilateral calcified pleural plaque. The pleural disease, at least 50% of individial [sic] exposed to asbestos develop pleural plagues. Pleural plaques help differentiate asbestos-induced parenchymal disease from other interstitial lung diseases. The PFT results are most likely due to the emphysema condition.” This opinion is also supported by a full rationale which is supported by the evidence of record. Therefore, the Board places great probative weight on this opinion. In view of the totality of the evidence, the Board finds that the evidence is at least in equipoise in favor and against the claim and the Board will resolve reasonable doubt in the Veteran’s favor. Therefore, service connection is warranted.   In sum, upon consideration of the above, the Board finds that after resolving the benefit of the doubt in favor of the Veteran, service connection for emphysema is warranted. 38 C.F.R. §§ 3.102, 3.303(a); see Gilbert, supra. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Roe, Associate Counsel