Citation Nr: 19106929 Decision Date: 01/29/19 Archive Date: 01/29/19 DOCKET NO. 17-23 822 DATE: January 29, 2019 ORDER Service connection for asthma is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, it is at least as likely as not that his asthma is related to active duty service. CONCLUSION OF LAW The criteria for service connection for asthma have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 2003 to February 2007. As an initial matter, the Board notes that in addition to the Veteran’s claim seeking service connection for asthma, the RO also certified his claims seeking service connection for a back disorder, characterized as degenerative arthritis, fibromyalgia, an acquired psychiatric disorder, characterized as anxiety, and an acquired psychiatric disorder, characterized as depression. With respect to the Veteran’s claim seeking service connection for a back disorder, the Board finds that this claim is not properly before the Board because he did not file a substantive appeal to the denial of that claim. Accordingly, the Board as no jurisdiction over his claim seeking service connection for a back disorder. The Veteran’s claims seeking service connection for fibromyalgia, anxiety, and depression are also not before the Board because those claims have been granted. Specifically, in a December 2018 rating decision, the RO granted service connection for fibromyalgia and an anxiety disorder. Given that a service connection claim that describes only one particular psychiatric disorder should not be limited to that disorder, and that VA should consider the claim as one for any psychiatric disorder that may reasonably be encompassed by the evidence of record, the grant of service connection for anxiety constitutes a grant of service connection for any acquired psychiatric disorder that could be claimed by the Veteran, including his claim seeking service connection for depression. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Entitlement to service connection for asthma The Veteran contends that he is entitled to service connection for his asthma. Specifically, the Veteran asserts that service connection for his asthma should be granted because he experienced shortness of breath with exercise and wheezing after exercise, that those symptoms began during service, and that he has consistently experienced those symptoms since service. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. 1110, 1131. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). Based upon the evidence of record, and resolving all reasonable doubt in favor of the Veteran, the Board determines that service connection is warranted for his asthma. In this case, the medical evidence is at least in equipoise as to whether the Veteran’s asthma began during service or shortly thereafter. Here, his private physician diagnosed him with asthma in May 2010, approximately three years and three months after the Veteran’s separation from service. Moreover, the service treatment records reflect that he complained of symptoms of asthma while in service. Specifically, in the December 2006 report of medical history, the Veteran reported breathing problems after exercise, including tightness in his chest and shortness of breath, shortness of breath during exercise, wheezing, or problems with wheezing, and a chronic cough or cough at night. Further, the post-service treatment records, in conjunction with the competent and credible statements by the Veteran, demonstrate that the symptoms of his asthma have been continuous. Specifically, post-service treatment records from May 2010, April 2012, September 2013, October 2014, March 2015 reflect that the Veteran has consistently reported symptoms of and received treatment for asthma. The Board acknowledges that the negative medical evidence includes the report from the June 2018 VA examination, where the examiner opined that it was less likely than not that the Veteran has a current diagnosis of asthma that is related to service. However, as noted above, the medical evidence including the December 2006 report of medical history and the post-service treatment records indicate that his asthma began during service or shortly thereafter and that he has consistently reported that he has experienced symptoms of asthma. Thus, the Board finds that the December 2006 report of medical history and post-service treatment records show that that the evidence is at least in equipoise concerning whether his asthma began during service or shortly thereafter. Therefore, resolving all reasonable doubt in the Veteran’s favor, the Board finds that the evidence is at least in equipoise and his claim seeking service connection for asthma is granted. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Crosnicker, Associate Counsel