Citation Nr: 21025115
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 16-40 233
DATE: April 27, 2021

ORDER

Service connection for chronic obstructive pulmonary disorder (COPD) is granted.

FINDING OF FACT

A medical nexus exists between the Veteran’s current diagnosis of COPD and asbestos exposure during a period of service.

CONCLUSION OF LAW

The criteria for service connection for COPD have been met.  38 U.S.C. §§ 1101, 1110, 1131; 38 C.F.R. §§ 3.303, 3.304.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Army from February 1972 to June 1983.

This matter comes to the Board of Veterans’ Appeals on appeal from a May 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  This appeal is being adjudicated under the legacy appellate framework.  

The Veteran testified at a personal hearing before the Board in August 2019, and a transcript of the hearing is of record.

This matter was previously before the Board, and, in May 2020, the Board remanded the matter for further development.  Further development in substantial compliance with the Board’s previous remand instructions has been completed.

Service connection for COPD is granted.

At issue is whether the Veteran is entitled to service connection for COPD.  The Veteran’s treatment records indicate that the Veteran has a current diagnosis of COPD.  Military records indicate that the Veteran was exposed to asbestos during a period of service.  A January 2021 VA examination indicated that – the Veteran’s history of smoking notwithstanding – it was at least as likely as not that the Veteran’s COPD was due to a period of service.  Additionally, the Board notes that a January 2014 private medical opinion also indicated that the Veteran’s COPD was due to asbestos exposure in-service.  Therefore, service connection for COPD is granted.  38 C.F.R. §§ 3.303, 3.304.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Seaton

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.