Citation Nr: 21004425 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 18-34 867 DATE: January 27, 2021 ORDER Service connection for pleural plaques due to asbestos is granted. FINDING OF FACT The evidence is at least in equipoise as to whether the Veteran’s pleural plaques are related to asbestos exposure during service. CONCLUSION OF LAW The criteria for service connection for pleural plaques are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1952 to January 1956. In May 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Service connection for pleural plaques due to asbestos The Veteran contends pleural plaques related to his exposure to asbestos while in the Navy. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The Board recognizes the Veteran has a diagnosis of pleural plaques. VA has already recognized the Veteran was exposed to asbestos during service. Therefore, the question for the Board is whether the Veteran’s pleural plaques began during service or are related to service, to include as due to asbestos exposure. Service records show the Veteran worked as a machinist mate and fireman in the Navy. The Veteran reported extensive contact with asbestos during service, to include mixing batches of raw asbestos and applying it to surfaces for fireproofing purposes. The Veteran reported frequent exposure to asbestos in the ship’s boiler room and engine room. The Veteran submit buddy statements from servicemembers corroborating his regular exposure to asbestos during service. Post-service, the Veteran worked as a carpenter for 30 years. He reported his asbestos exposure was limited or incidental. He reported avoiding asbestos after service because he was aware of the health dangers. See October 2008, July 2018 statement, and May 2019 hearing testimony. The Board finds the probative evidence is at least in equipoise as to whether the Veteran’s pleural plaques are related to asbestos exposure during service. The probative evidence in favor of the claim includes a February 2016 treatment visit with the Veteran’s treating pulmonologist that assessed calcified pleural plaques, most likely related to asbestos exposure. The examiner noted the Veteran was exposed to asbestos while serving in the Navy and working as a carpenter. The pulmonologist opined that it is more likely than not that his respiratory issues are from his asbestos disease, resultant from his exposure in the Navy. The probative evidence against the claim includes a September 2020 VA medical opinion that the Veteran’s plural plaques were less likely as not incurred in or caused by exposure to asbestos during service. The clinician stated the Veteran’s in-service asbestos exposure was for a shorter duration but higher intensity, versus his post-service asbestos exposure was for a longer duration but presumably lower level. The clinician noted the Veteran did not have a confirmed diagnosis of pleural plaques until 2015, 59 years after service, beyond the typical time frame for plaque diagnosis of 20 to 40 years. The Board finds the evidence is at least be in equipoise as to whether the Veteran’s pleural plaques are related to asbestos exposure during service. The Board gives probative weight to both the February 2016 private opinion and September 2020 VA opinion. The opinions were both based on an accurate medical history and provided a clear conclusion and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). The February 2016 opinion was provided by the Veteran’s treating pulmonologist. The opinion is consistent with the intensity of asbestos exposure described by the Veteran during service and after service. Accordingly, resolving reasonable doubt in favor of the Veteran, service connection for pleural plaques is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Winkler, Associate 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.