Citation Nr: 18156670 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 16-53 369A DATE: December 11, 2018 ORDER Service connection for chronic obstructive pulmonary disease is denied. FINDING OF FACT There is no probative medical opinion linking the Veteran’s current chronic obstructive pulmonary disease (COPD) to service or to the service-connected asthma. CONCLUSION OF LAW The criteria for service connection for chronic obstructive pulmonary disease have not been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.303, 3.310 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Army from July 16, 1973 to July 15, 1976 and from November 14, 1979 to November 13, 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Service Connection for Chronic Obstructive Pulmonary Disease Service connection may be established for disability that is proximately due to or the result of a service-connected disability. 38 C.F.R. § 3.310(a) (2018). Further, a disability that is aggravated by a service-connected disability may be service connected to the degree that the aggravation is shown. 38 C.F.R. § 3.310 (2018); Allen v. Brown, 7 Vet. App. 439 (1995). The Veteran contends that his COPD is a result of his service connected asthma. He states that he was informed by doctors in the past that asthma can cause COPD. See October 2015 Notice of Disagreement. The question for the Board is whether the Veteran has a current disability that is proximately due to or the result of a service-connected disability. The Board concludes that, while the Veteran has a current diagnosis of COPD, the preponderance of the evidence is against finding that the condition is proximately due to or the result of, or aggravated beyond its natural progression by service-connected disability. 38 U.S.C. §§ 1110, 1131; Allen v. Brown, 7 Vet. App. 439 (1995) (en banc); 38 C.F.R. § 3.310(a). In this regard, there is no competent and probative evidence linking the Veteran’s COPD to his service-connected asthma. In this regard, the October 2016 VA examiner opined that the Veteran’s COPD was not caused or aggravated by his asthma, and is more likely due to the fact that the Veteran smoked from 1975 to 1989. Furthermore, a March 2015 VA examiner also opined that his COPD was not likely attributable to his asthma. The examiner noted that asthma is due to overactive airways, and any severe respiratory condition like asthma can lead to overlapping respiratory conditions like COPD, but that the Veteran’s medical records do not directly support this. The Board has also considered whether service connection is warranted as due to service on a direct basis, but the preponderance of the evidence is also against finding that the Veteran’s COPD is related to an in-service injury, event, or disease. 38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). In this regard, the October 2016 VA examiner opined that the Veteran’s COPD is not at least as likely as not related to an in-service injury, event, or disease, including diesel fuel or brake dust exposure during service. The examiner noted that the Veteran’s COPD was most likely related to smoking. While the Veteran believes that his COPD is related to service or service-connected asthma, as a lay person, the Veteran has not shown that he has specialized training sufficient to render such an opinion. In this regard, the etiology of COPD is a matter that requires medical training and expertise to determine. Accordingly, his opinion as to the diagnosis or etiology of COPD is not competent medical evidence. See Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007) (noting general competence to testify as to symptoms but not to provide medical diagnosis). Thus, the Board finds the opinions of the VA examiners to be significantly more probative than the Veteran’s lay assertions. Finally, to the extent the Veteran smoked while in service, current law prohibits service connection for a disability that resulted from injury or disease attributable to the Veteran's use of tobacco products during service. 38 U.S.C. § 1103 (2012); 38 C.F.R. § 3.300(a) (2018). In sum, there is no probative medical opinion in the record linking the Veteran’s COPD with his military service or his service-connected asthma. Accordingly, the claim for service connection for COPD is denied. In reaching the above conclusions, the Board has considered the applicability of the benefit of the doubt doctrine. However, as the preponderance of the probative evidence is against the claim, that doctrine is not applicable in the instant appeal. See 38 U.S.C. § 5107(b); Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001); Gilbert, 1 Vet. App. at 55-56. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. N. Wilson, Law Clerk