ASTHMA

Summary

The Veteran, an Army veteran who served from April 1979 to April 1982, appeals the denial of service connection for a respiratory disorder. The Board found that the Veteran has a current diagnosis of asthma, confirmed by a July 2021 VA examination, and that service treatment records from October 1979 indicated treatment for a breathing problem, satisfying the first two elements for service connection. The Board afforded little weight to a July 2019 VA examination that failed to diagnose a respiratory condition and was found inadequate on remand. A subsequent July 2021 VA examination also initially found no link to service. However, a May 2022 examination provided a favorable opinion, stating the Veteran's asthma was at least as likely as not related to service, citing continuous respiratory complaints since service and various treatments. The Board found the evidence in relative equipoise, resolving the doubt in the Veteran's favor and granting service connection for a respiratory disorder. The Board found substantial compliance with prior remand directives.

Rationale

Current diagnosis of asthma confirmed by VA exam; In-service treatment for breathing problem documented; Favorable VA opinion linking asthma to service; Evidence in relative equipoise, doubt resolved in Veteran's favor

Full Decision Text

Citation Nr: 22043357
Decision Date: 07/29/22	Archive Date: 07/29/22

DOCKET NO. 14-24 862A
DATE: July 29, 2022

ORDER

Service connection for a respiratory disorder is granted.

FINDING OF FACT

Resolving reasonable doubt in favor of the Veteran, his respiratory disorder is etiologically related to his active military service.

CONCLUSION OF LAW

The criteria for service connection for a respiratory disorder 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 in the United States Army from April 1979 to April 1982. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision. 

The Board previously remanded the claims in May 2018 and most recently in July 2020. The Board finds that there has been substantial compliance with the remand directives. Stegall v. West, 11 Vet. App. 268 (1998).

Service Connection 

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 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 injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

The Veteran's medical records show a current diagnosis of asthma. This diagnosis was confirmed in a July 2021 VA examination. Additionally, the Veteran's service treatment records show treatment for a breathing problem dated October 1979. Thus, the first two elements of service connection are established.

Regarding the third element of a service connection claim, a nexus, the Veteran underwent a VA examination in July 2019. This examination failed to find a diagnosis of any respiratory condition. However, as stated previously, the Veteran has a current asthma disability. Additionally, the Board in its July 2020 remand found this examination inadequate for failing to acknowledge the Veteran's current diagnosis. Therefore, the Board affords the July 2019 VA examination little probative weight.

The Veteran then underwent another VA examination in July 2021. The examiner found that the evidence does not show a link between the Veteran's asthma and his service. However, another opinion was obtained in May 2022 to provide more clarity on the July 2021 opinion. 

The May 2022 examiner found the Veteran's asthma to be at least as likely as not to be related to the Veteran's service. Specifically, the examiner noted the Veteran's in-service complaints and discussed the Veteran's continuous complaints of respiratory issues and various treatments since service. Based on this, the examiner concluded the Veteran's current asthma was linked to the Veteran's service.

The Board finds the evidence to be in relative equipoise. If the evidence is supportive or is in relative equipoise, then the Veteran prevails. See 38 C.F.R. § 3.102. Accordingly, service connection for a respiratory disorder is granted. 38 C.F.R. § 3.303(b).

 

 

SONJA S. AN

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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.