Citation Nr: 22051140 Decision Date: 09/08/22 Archive Date: 09/08/22 DOCKET NO. 16-57 896 DATE: September 8, 2022 ORDER Entitlement to service connection for a pulmonary disorder, to include chronic bronchitis and COPD, is denied. FINDING OF FACT The probative and competent evidence of record does not show that the Veteran's pulmonary disorder, to include chronic bronchitis and COPD, is etiologically related to service. CONCLUSION OF LAW The criteria for service connection for a pulmonary disorder, to include chronic bronchitis and COPD have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1969 to December 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this matter in July 2019, October 2021, and March 2022. The necessary development having been completed; the Board will adjudicate the merits of the claim in this decision. See Stegall v. West, 1 Vet. App. 268 (1998). Specifically, the last remand directed that the Veteran be provided information regarding the qualifications of the examiner who provided a December 2021 opinion regarding the claim on appeal. In March 2022, the Veteran and representative was provided this information. Neither the Veteran nor the representative have made additional contentions regarding this examiner's qualifications after this information was provided. Francway v. Wilkie, 940 F.3d 1304 (2019). As noted previously, it is not required that an opinion be provide by a board-certified specialist. Cox v. Nicholson, 20 Vet. App. 563 (2007). As discussed below, the Board finds that the December 2021 examiner provided an opinion supported by adequate rationale and based on accurate facts. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active military service in the line of duty. 38 U.S.C. § 1110 (2012); 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or an injury; and (3) a causal relationship between the current disability and the disease or injury in service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Entitlement to service connection for a pulmonary disorder, to include chronic bronchitis and COPD The Veteran asserts that his pulmonary disorder, to include chronic bronchitis and COPD is related to service. One theory the Veteran suggests is herbicide exposure. Initially, though, the Board notes that there is no evidence of herbicide exposure in service, and so the Board will not further address that theory of service connection. Service treatment records show that in January 1970, the Veteran was seen for sore throat, fever, productive cough, and malaise. The Veteran was diagnosed with bronchitis and put on light duty for one day with medication prescribed. There is no indication in the service treatment records that the Veteran left active service with a respiratory disorder. The Veteran was afforded a VA examination in March 2020. Although the Board finds the VA opinion to be inadequate, the Board acknowledges that the examiner diagnosed the Veteran with COPD and chronic bronchitis. The Veteran reported that since his bronchitis in service, he has continued to have frequent bronchitis. In the December 2021 VA opinion, the examiner opined that the Veteran's respiratory disability was not due to or related to service, including the viral bronchitis in January 1970. The examiner stated that the Veteran was treated for bronchitis in January 1970. Bacterial cultures were negative, hence the diagnosis of viral bronchitis. This was acute and clearly resolved, as there is no further notation of an ongoing respiratory condition. The examiner said that given the rigors of military service, it is medically improbable that the Veteran could have continued service without seeking care for a significant respiratory condition. The separation exam is negative for respiratory conditions. These exams are notably thorough and include a history, physical, pertinent records review and a Veteran-answered RMH, which was specifically negative for asthma, shortness of breath or signs or symptoms consistent with an ongoing respiratory condition. The Veteran is noted to have at least a 25-pack year smoking history, per records from March and April 2018. The examiner noted that smoking is the single greatest risk factor for developing chronic bronchitis and COPD, the Veteran's diagnosed conditions. Therefore, it is less likely than not that the Veteran's COPD had its nexus in service or is due to the isolated, self-limited and resolved episode of viral bronchitis. The examiner opined that it was more likely than not (almost unequivocal) that the Veteran's COPD is due to the Veteran's significant smoking history. Based on the contrary evidence noted above, it is unlikely the Veteran's condition had its onset in service with continued symptoms since service. It is clearly documented that the Veteran did not have a respiratory condition at separation, and it is highly unlikely to have been missed. The examiner concluded that a single episode of viral bronchitis would not lead to chronic bronchitis and subsequent COPD. The Board notes that throughout the record it is noted that the Veteran smoked a pack a day of cigarettes for decades. Additional, post-service treatment records are silent for any positive nexus between the Veteran's pulmonary disorder and service. Overall, the Board finds that the Veteran's pulmonary disorder is not related to service. Despite the January 1970 service treatment record, there is no probative evidence of record to suggest that the Veteran's chronic bronchitis or COPD is related to the one-time incident in service. In fact, the evidence of record shows that the Veteran smoked a pack a day of cigarettes for decades. Moreover, the Board finds the December 2021 VA opinion to be highly probative in finding that the Veteran's pulmonary disorder was not related to service. The examiner's opinion is probative because it was based on an accurate medical history, including provided by the Veteran himself, and contains the required discussion of the underlying reasoning or rationale. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). There are no opinions to the contrary. The Board acknowledges that the Veteran feels his pulmonary disorder is related to service. However, since this is not type of situation where the Veteran is competent to say when he had a pulmonary disorder, as opposed to symptoms, or to associate his symptoms with a certain underlying diagnosis, the VA examiner's opinion is more probative on this issue of whether the pulmonary disorder was directly incurred in service. See Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board finds that service connection for the pulmonary disorder is not warranted. Accordingly, the Veteran's claim of entitlement to service connection for a pulmonary disorder, to include chronic bronchitis and COPD, is denied as the evidence of record is persuasively against finding that it incepted during his service or is otherwise related or attributable to his service. Nathaniel J. Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Brown, Saudiee 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.