Citation Nr: 21013101 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 16-06 012 DATE: March 8, 2021 ORDER Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is denied. FINDINGS OF FACT 1. The Veteran has a current diagnosis COPD. 2. The Veteran experienced chest pain and coughing yellow phlegm during service in July 1985. 3. The Veteran, in his military occupation as a welder, was exposed to chemical fumes. 4. The current COPD is not causally related to service, including the chemical fumes during service. CONCLUSION OF LAW The criteria for service connection for COPD have not been met. 38 U.S.C. §§ 1131, 1154, 5103, 5013A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Army from March 1980 to March 1986, during Peacetime. Service Connection for Chronic Obstructive Pulmonary Disease is Denied. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. The Veteran contends that the currently diagnosed COPD was caused by breathing in noxious gases during service. The Veteran reports noxious gas exposure during service as a consequence of the military occupation of welder. The evidence of record shows a current disability of COPD. The Veteran was studied in October 2014 by VA and the results were noted as compatible with COPD of moderate severity. The evidence shows that the Veteran was a welder during service. The DD Form 214 reflects the Veteran’s occupation was a metal worker for the majority of service. The Veteran’s reports of exposure to chemical fumes during service are consistent with such occupation and duties.  38 U.S.C. § 1154(a). The weight of the evidence shows that, while the Veteran experienced chest pain and coughing yellow phlegm during service in July 1985, the current COPD is not related to that in-service event. The service treatment records contain a single complaint of chest, lung, or breathing issues. The Veteran was treated in July 1985 for chest pain induced by physical exercise. The Veteran was also coughing yellow phlegm. The treating physician noted that the Veteran reported smoking 16 cigarettes a day. The treatment note found that the lungs were clear with good air exchange. The service treatment records also contain an earlier report that the Veteran was determined to be overweight for his physical profile, and needed to lose at least 14 pounds. VA examined the Veteran in January 2016. The examiner confirmed the COPD diagnosis, as well as a diagnosis of asthma. During the examination, the Veteran reported to the examiner a history of smoking since the age of 13 (in 1975). The examiner opined that the COPD and asthma were less likely than not connected to service, including breathing noxious fumes as a welder. The rationale for the opinion was that the Veteran had a long history of heavy smoking, as well as a history of obesity. The examiner noted that medical literature found strong links between exposure to tobacco smoke with asthma and other breathing disorders. Similarly, individuals with a higher BMI increase their risk of developing asthma and other breathing disorders. Accordingly, the Board finds that the weight of the evidence shows that the currently diagnosed COPD is not causally related to service. As a preponderance of the lay and medical evidence is against the claim for service connection for COPD, the appeal must be denied. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Charles Plambeck 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.