Citation Nr: 21076355 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 17-46 487 DATE: December 23, 2021 ORDER Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his COPD is at least as likely as not related to an in-service injury, event, or disease. CONCLUSION OF LAW The criteria for service connection for COPD have been satisfied. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from May 1990 to October 1990, and from January 1991 to April 1991, to include service in Southwest Asia. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2019, the Board remanded the matter to the Agency of Original Jurisdiction (AOJ) to obtain an addendum medical opinion. The Board finds that there was substantial compliance with the December 2019 remand directives as a VA medical opinion was obtained in January 2020. See Stegall v. West, 11 Vet. App. 268 (1998). Upon the case returning for further adjudication, the Veteran requested a Board hearing which took place on June 2021. A transcript of that hearing is of record. 1. Service Connection for COPD The Veteran contends that his COPD was caused by his active duty service, to include as due to exposure to exhaust fumes, asbestos dust, solvents, burn pit smoke, and blowing dust. See April 2017 Notice of Disagreement; June 2021 Hearing Tr. at 3, 4. The Board concludes that the Veteran has a current disability that began during active service and is related to an in-service injury, event, or disease. 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). The Veteran has a current COPD disability. See May 2017 VA Examination Report. Thus, the remaining question is whether the current COPD disability is related to service. Service personnel records indicate that the Veteran was deployed to Saudi Arabia from February 1991 to March 1991. The Veteran presented for a VA examination in May 2017, at which time he was interviewed by the examiner who also reviewed the pertinent medical history and performed an examination. The examiner opined that the condition claimed was less likely than not incurred in or caused by the claimed in-service injury, event, or illness, to include exposure to asbestos. In support of this conclusion, the examiner explained that the Veteran's COPD is most likely caused by or a result of a long history of cigarette smoking. The examiner cited medical literature in supporting its findings. The Veteran submitted an August 2017 private medical opinion by Dr. R.T. In the opinion, Dr. R.T. noted that the Veteran believes his medical issues started after his return from Saudi Arabia in 1999 and that he has been having chronic and progressive respiratory issues since that time. Dr. R.T. further noted that the Veteran has experienced respiratory attacks at various points in time and had to be rushed to the emergency room to be placed on a breathing machine. An addendum VA medical opinion was obtained in January 2020, which was provided after a review of the pertinent medical history of the Veteran and the claims file. The examiner opined that the Veteran's COPD is less likely as not incurred in or is otherwise related to service, to include exposure to solvents, burn pit smoke, and blowing dust while he was stationed in Southwest Asia. In support of this conclusion, the examiner explained that the Veteran worked as a light wheel vehicle mechanic for 14 weeks for a year in 1990 and was discharged due to cocaine use and misconduct. The examiner noted that he had a documented smoking history since at least about 1983 when he was 19. The examiner opined that his long use of tobacco and cocaine is most likely the cause for his current COPD disability. The examiner supported this opinion by citing to medical literatures. The Veteran submitted a September 2021 private medical opinion by Dr. T.A., who had been the Veteran's treating physician for many years. Dr. T.A. opined that the Veteran suffers from COPD and receives continuous treatment for his condition. Dr. T.A. noted that the Veteran was an ex-smoker who started smoking during his military service. Dr. T.A. opined that the Veteran was exposed to burning chemicals, fumes, and sandstorms during his active duty service. Dr. T.A. noted that it is to a reasonable degree of medical certainty that the Veteran's ten plus years in service in the military could have contributed to his suffering today. Accompanying the medical opinion was a treatment note where it was reported that the Veteran was examined by Dr. T.A. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current COPD arose in or is related to his active duty service. In that regard, the Board gives no probative weight to the May 2017 VA medical opinion as it was conclusory, and the August 2017 opinion by Dr. R.T. as it was simply based on the Veteran's reporting without additional support. The Board gives probative weight to the January 2020 VA medical opinion as the examiner reviewed the record, discussed the Veteran's service in Saudi Arabia, and concluded that the likely cause of his COPD was his smoking and cocaine use. The Board also gives probative weight to the opinion by Dr. T.A., the Veteran's long term physician, who previously examined the Veteran and determined that the likely cause of his COPD was his exposure to chemicals while on active duty. Dr. T.A. provided the opinion while considering the fact that the Veteran had a long history of smoking. The Board finds that the evidence for or against the claim is at an even point. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for COPD is warranted, and the claim is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mathew 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.