Citation Nr: 21022946 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 19-00 216 DATE: April 19, 2021 ORDER Service connection for chronic obstructive pulmonary disease (COPD) is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran’s favor, the Veteran’s history of smoking, which caused his COPD, is due to his service-connected PTSD. CONCLUSION OF LAW The criteria for service connection for COPD are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1965 to September 1969 in the U.S. Army. This matter comes before the Board of Veterans’ Appeals (Board) from an April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This case has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). The Veteran testified before the undersigned Veterans Law Judge at a virtual Board hearing in June 2020. A copy of the hearing transcript is associated with the record. The Veteran contends that his COPD is related to smoking caused by his service-connected PTSD. Alternatively, the Veteran contends that his COPD is related to in-service exposure to herbicide agents. Service connection may be granted, on a secondary basis, for a disability which is proximately due to or the result of an established service-connected disorder. 38 C.F.R. § 3.310. The law provides that a disability will not be considered service-connected on the basis that it resulted from injury or disease attributable to a veteran’s use of tobacco products during service. See 38 U.S.C. § 1103; 38 C.F.R. § 3.300(a). Service connection for a tobacco-related disability alleged to be secondary to a disability that is not service-connected on the basis of being attributable to a veteran’s use of tobacco products during service may be warranted if the following criteria are met: (1) the service-connected disability caused a veteran to use tobacco products after service; (2) if so, the use of tobacco products as a result of the service-connected disability was a substantial factor in causing a secondary disability; and (3) the secondary disability would not have occurred but for the use of tobacco products caused by the service-connected disability. VAOPGCPREC 6-2003. The Veteran’s VA treatment records show a current diagnosis of COPD. In September 2019, the Veteran submitted a private medical opinion stating that the likely etiology of his COPD is due to his history of smoking. During the June 2020 Board hearing, the Veteran testified that he smoked cigarettes to help with his symptoms of PTSD. His VA treatment records show that he smoked cigarettes during and after service and quit in 2001. In November 2019 and June 2020, the Veteran submitted private medical opinions stating that his service-connected PTSD caused him to smoke to calm his anxiety. The Board finds the private medical opinions highly probative because they are well-reasoned, based on the Veteran’s medical history, supported by medical principles, and consistent with the evidence of record. Based on the foregoing, after resolving all reasonable doubt in favor of the Veteran, the Board finds that the Veteran’s smoking is causally related to his PTSD. As such, his COPD, which is clearly a result of his smoking habit, is considered secondary to his service-connected PTSD. Accordingly, service connection for COPD is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. As the Board has granted the Veteran’s claim on a secondary basis, the Board need not reach the Veteran’s alternative theory of entitlement. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Kernen, 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.