Citation Nr: 18153096
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 16-11 653
DATE:	November 27, 2018
ORDER
Entitlement to service connection for an obstructive lung condition with chronic obstructive pulmonary disease (COPD) is granted.
FINDING OF FACT
The Veteran’s obstructive lung condition with COPD is related to conceded exposure to herbicides.
CONCLUSION OF LAW
The criteria for service connection for an obstructive lung condition with COPD are met.  38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1966 to September 1968, to include active duty service in the Republic of Vietnam. 
The Veteran’s original claim was characterized as a claim for entitlement to service connection for lung cancer, however, the arguments and treatment records include references to “lung disease” and a diagnosis of obstructive lung condition with COPD.  The scope of a disability claim includes any disorder that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and other information of record.  Brokowski v. Shinseki, 23 Vet. App. 79 (2009); Clemons v. Shinseki, 23 Vet. App. 1 (2009).  Under these circumstances, the Board finds that the Veteran’s claim is more appropriately characterized as service connection for an obstructive lung condition with COPD.
Entitlement to service connection for an obstructive lung condition with COPD is granted.
The Veteran contends that he has a lung condition, originally claimed as lung cancer, etiologically due to his exposure to herbicides while on active duty in the Republic of Vietnam.
The Board concludes that the Veteran has a current diagnosis of an obstructive lung condition with COPD and symptoms of chronic respiratory failure, hypoxemia, and hypercapnia that is related to conceded exposure to herbicides.  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).
August 2018 private treatment records show a current diagnosis of an obstructive lung condition with COPD. The Veteran’s private treating physician opined that his obstructive lung condition with COPD is at least as likely as not related to exposure to herbicides in the Republic of Vietnam; specifically, as shown in the private treatment records and an extensive opinion offered by the physician, Dr. HF.  The rationale was that based on a review of the Veteran’s treatment records, medical literature on Agent Orange and a relationship to lung disease, examination of the Veteran, review of the criteria for service connection, and an indication of a significant worsening in the Veteran’s lung symptoms despite having quit smoking roughly 14 year earlier.  With respect to the last factor, Dr. HF stated that the Veteran’s condition would be expected to improve following the cessation of his smoking habit but it continued to deteriorate.  After review of the Veteran’s medical treatment records and Agent Orange literature Dr. HF concluded that the continual decline in lung function associated with the Veteran’s obstructive lung condition with COPD was more likely than not the result of herbicide exposure. 

 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P.S. McLeod