Citation Nr: 21066746 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 18-26 615 DATE: November 2, 2021 ORDER Entitlement to service connection for a respiratory disorder, diagnosed as chronic obstructive pulmonary disease (COPD), to include as secondary to asbestos exposure, is denied. FINDING OF FACT The Veteran's respiratory disorder is not etiologically related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for a respiratory disorder, diagnosed as COPD, have not 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 September 1966 to June 1968. He appeals an October 2017 rating decision denying entitlement to service connection for COPD. The Veteran requested a hearing before the Board when perfecting his appeal. He was scheduled for a hearing on October 6, 2021, and informed of his rights should he not be able to attend in a letter dated August 31, 2021. The Veteran did not attend the hearing and did not file a written request within 15 days offering good cause for the absence. Accordingly, the Board will proceed with adjudication of the appeal. Service Connection 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; 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303(a), 3.304, 3.307, 3.309, 3.310. 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). 1. Entitlement to service connection for COPD. The Veteran contends that his COPD is attributable to asbestos exposure in service. After a review of the evidence, the Board finds that service connection is not warranted. A review of the Veteran's service treatment record does not show treatment for or complaints of any lung issues. Military personnel records do show that the Veteran served as a firefighter during active service, a military occupational specialty considered to have a high probability of asbestos exposure. He was diagnosed with COPD in December 2012. Turning to the evidence, a thorough review of the claims file does not reveal treatment for any lung conditions prior to the Veteran's December 2012 COPD diagnosis. In fact, the Veteran has submitted no other evidence asserting that he has suffered from continuous lung issues since service or shortly thereafter. Hence, a continuity of symptoms since service has not been established. As to nexus, the Veteran was afforded a VA examination in September 2017. The examiner determined that the Veteran's COPD is less likely than not related to asbestos exposure in service. The examiner pointed out that CT imaging on multiple occasions has shown no evidence of asbestosis or asbestos related plaques. Specifically, subcentimeter nodules seen on CT imaging is non-specific and less likely related to asbestos exposure. Furthermore, the examiner opined that the Veteran's COPD was at least as likely related to his 20-year history of smoking. The Board affords significant probative weight to the opinion of the September 2017 VA examiner. The opinion was provided by a qualified medical professional after review of the record, in-person examination of the Veteran, and application of the evidence to current medical knowledge. As such, the Board finds that a nexus between the Veteran's COPD and his active service has not been established. In arriving at this conclusion, the Board acknowledges the contentions made by the Veteran that his COPD is due to asbestos exposure in service. However, as a lay person not trained in the field of medicine, he is not competent to offer a nexus opinion in this case. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). In conclusion, the Board finds the preponderance of the evidence weighs against finding that the Veteran's COPD is attributable to active service. Accordingly, service connection is not warrant and the claim is denied. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Daniel Ballinger, Associate Counsel