Citation Nr: 21030946
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 17-47 342
DATE: May 20, 2021

ORDER

Service connection for a respiratory disability, to include asthma, is granted.

FINDING OF FACT

The Veteran's asthma began during active service.

CONCLUSION OF LAW

The criteria for service connection for a respiratory disability, to include asthma, have been met.  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 from June 2006 to November 2007 with additional periods of National Guard duty.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision by the Department of Veterans Affairs (VA).

In May 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.

After reviewing the evidence of record, the evidence shows the Veteran has been diagnosed with asthma.  While the claim adjudicated by the Agency of Original Jurisdiction was one of service connection for sinusitis, in light of Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Board has recharacterized the issue of service connection for a viral respiratory infection to encompass any respiratory disability, to include asthma.

Entitlement to service connection for a respiratory disability, however diagnosed, is granted.

After a review of the file, the Board concludes that the Veteran has a current disability that began during active service.  38 U.S.C. §§ 1110, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).

The Veteran's competent and credible lay statements regarding a respiratory disability in service are supported by, as well as consistent with, the findings in her service treatment records.  A July 2007 Statement of Medical Examination and Duty Status notes her report of feeling congested and finding it hard to breathe.  She was found to have mild asthma "stemming from the environmental conditions in Iraq."   This statement specifically includes a finding that the Veteran's mild asthma was incurred in line of duty.  

A February 2014 VA respiratory examiner noted a July 2007 diagnosis of acute viral upper respiratory infection and opined that such was related to the Veteran's service (but that the condition was presently resolved).   A December 2014 VA treatment record shows a history of asthma versus reactive airway disease. The Veteran was noted to have heavy dust, chemical, and explosives exposure while oversees during combat deployment and possible toxin exposure while at Fort McClellan, Alabama. The April 2018 VA examination included a diagnosis of asthma noting an onset date of 2006. 

The Board concludes that, based on the Veteran's current diagnosis of asthma noting an onset of 2006 which is coincidental with the Veteran's active service, and her service treatment records that specifically include a diagnosis of mild asthma based on "environmental conditions in Iraq," service connection for asthma is granted.  

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Matta, 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.