Citation Nr: 21015239 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 18-49 420 DATE: March 17, 2021 ORDER Service connection for chronic obstructive pulmonary disease (COPD) is denied. FINDING OF FACT The preponderance of the evidence is against a finding that COPD is related to any incident of service. CONCLUSION OF LAW The criteria for service connection for COPD have not been met. 38 U.S.C. §§ 1131, 1137, 5107; 38 C.F.R. §§ 3.300, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1960 to August 1960 and from October 1961 to August 1962. In February 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. The Veteran has asserted that COPD developed as a result of cigarette smoking during military service. Specifically, the Veteran has stated that he was given cigarettes in his rations, and that he began smoking out of boredom and loneliness as he missed home and his family. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that it was incurred in service. 38 C.F.R. § 3.303(d). However, service connection for a disability attributable to tobacco usage during service is prohibited. 38 U.S.C. § 1103; 38 C.F.R. § 3.300. Even if the Veteran began smoking while in service, service connection cannot be awarded for a disability on the grounds that it was caused by such smoking. Service connection is expressly precluded for any disability related to chronic tobacco use (smoking) for claims received by VA after June 9, 1998, which is the case here. See 38 U.S.C. § 1103; 38 C.F.R. § 3.300; Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. No. 105-206, 112 Stat. 685, 865-66 (1998). Service treatment records (STRs) are silent for complaints, diagnosis or treatment related to COPD or any respiratory condition, including separation examinations. VA and private medical records indicate that the Veteran was diagnosed with COPD in October 2012. At that time, the provider noted a long history of smoking. A June 2018 VA pulmonary clinic record notes that the Veteran had a 52-year history of smoking. The provider stated that his severe COPD was most likely caused by the cigarette smoking. In this matter, the Board does not find that service connection for the Veteran’s claimed conditions is warranted. The Board does not call into question the Veteran’s statements regarding his development of symptomology since service but finds that such symptoms and the resulting diagnosis of COPD are related to his documented history of smoking. As such, service connection for his claimed conditions is prohibited. There is no evidence of record to suggest that the Veteran’s COPD was the result of any other etiology which is attributable to his active duty service. The medical evidence of record shows that the causation for the Veteran’s claimed conditions is his smoking history and habit. The Veteran has himself asserted that his COPD is related to his smoking habit. No other evidence or argument has been submitted relating the COPD to another cause. Thus, service connection for this condition is expressly prohibited. See 38 U.S.C. § 1103; 38 C.F.R. § 3.300. In sum, the medical evidence associated with the claims file links the Veteran’s COPD to chronic smoking, rather than any in-service injury or disease. As the relevant law precludes service connection for disabilities as directly related to chronic tobacco use, service connection COPD is denied. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Ahmad, 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.