Citation Nr: 22016205
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 16-32 808
DATE: March 21, 2022

ORDER

Entitlement to service connection for a respiratory disability, to include recurrent pneumonia and chronic obstructive pulmonary disease (COPD), is granted.

FINDING OF FACT

The Veteran's respiratory disability is related to his military service.

CONCLUSION OF LAW

The criteria for service connection for a respiratory disability are met. 38 U.S.C. § 1110; 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1973 to January 1975. This appeal comes to the Board of Veterans' Appeals (Board) from a December 2011 rating decision of the Department of Veterans Affairs (VA) regional office. The Board previously remanded the instant matter for additional development in November 2018 and July 2021.

The Veteran originally claimed entitlement to service connection for chronic pneumonia, to include upper respiratory infection, staph, MRSA. He was later diagnosed with COPD. "A claimant's identification of the benefit sought does not require any technical precision." Brokowski v. Shinseki, 23 Vet. App. 79, 85 (2009); see also Ingram v. Nicholson, 21 Vet. App. 232, 256-57 (2007). In light of the Veteran's pulmonary diagnoses of record, the Board has recharacterized the issue as reflected on the title page.

Entitlement to service connection for a respiratory disability

Generally, direct service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). The Veteran contends his respiratory disability is related to his active service, to include asbestos exposure. During the Veteran's service, he worked on numerous ships, including in the engine room. The Veteran has a current diagnosis of COPD and during the appeal period had at least one episode of pneumonia.

The record contains conflicting evidence for and against the claim. The Board has reviewed the evidence of record and finds it is in approximate balance as to whether the Veteran's respiratory disability is related to his active service. The benefit of the doubt doctrine applies and service connection for a respiratory disability, to include recurrent pneumonia and COPD, is granted.

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Brewer, 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.