Citation Nr: 21002609 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 16-46 753 DATE: January 14, 2021 ORDER Service connection for chronic obstructive pulmonary disease (COPD) is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran’s COPD is related to his active duty service. CONCLUSION OF LAW The criteria for service connection for COPD are not met. 38 U.S.C. §§ 1101, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.3.09. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1964 to June 1966. The Board previously remanded this matter in August 2019. Service connection Service connection requires competent evidence showing: (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, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a). COPD The Veteran was diagnosed with COPD in 1987. See December 1987 private X-ray report. The Veteran has stated that he believes his COPD is due to his inhaling both coal and ash particles while assigned a temporary duty during his active duty service. See May 2016 Notice of Disagreement (NOD) and September 2016 Form 9. The Veteran’s service treatment records (STRs) do not contain complaint of or treatment for any breathing or lung difficulties and no diagnosis of any lung or breathing disorder. His April 1996 separation examination noted a normal chest X-ray. In a December 2019 VA examination the Veteran reported he was exposed to coal and ash dust while on a temporary duty assignment. He reported a past medical history of smoking for 20 years. After review of the record and examination of the Veteran, the VA examiner opined that the Veteran’s COPD was less likely as not related to the Veteran’s coal/ash exposure while in-service. The examiner noted that medical studies related an increase in COPD risk due to coal dust exposure due to years of coal dust exposure, not a period of days. The examiner also noted that the most significant risk factor for development of COPD was smoking. Based on the foregoing, the Board finds that the preponderance of the evidence is against the claim for service connection for COPD. The Veteran is credible both in his reporting of his exposure to coal and ash during his active duty and his COPD symptoms. However, has not been shown to possess the requisite training or credentials needed to render a competent opinion as to medical diagnosis or causation. King v. Shinseki, 700 F.3d 1339, 1345 (Fed.Cir.2012). The Board does not afford any probative weight to the Veteran’s statements regarding the etiology of his COPD, giving probative weight to the December 2019 VA examiner’s opinion. Additionally, neither the Veteran nor his representative have identified or offered any evidence which contradicts the VA examiner’s opinion or provides a link between the Veteran’s COPD and his active duty service. As the preponderance of the evidence is against the claim, the benefit-of-the-doubt rule is not for application, and the claim must be denied. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.