TUBERCULOSIS PULMONARY CHRONIC

I. CANNADAY · 2026 · Case ID: A26033949

GRANTED

Summary

The Veteran, who served from January 1966 to August 1970, appeals the denial of service connection for multiple conditions including asthma, chronic rhinitis, cardiac issues, pancreatitis, gallbladder problems, hypertension, and essential tremors. The Veteran contends these conditions are related to presumed in-service chemical exposure, specifically Trichloroethylene (TCE), during service in Germany and Korea. The Board found that the Veteran has current diagnoses for all claimed conditions. The agency of original jurisdiction (AOJ) conceded plausible exposure to Toxic Exposure Risk Activities (TERA), including TCE, based on service records and a TERA memorandum confirming exposure during Korea service. The Board noted conflicting medical opinions: VA examiners opined the conditions were less likely than not caused by exposure, while private treating physicians linked the disabilities to TCE exposure with reasonable medical certainty. The private opinions were supported by web articles on TCE effects, and the Veteran's and spouse's lay statements. The Board found the evidence to be in equipoise, resolving doubt in the Veteran's favor. Consequently, service connection for all claimed conditions was granted.

Rationale

Favorable Finding: Current diagnosis of asthma; Favorable Finding: Related to presumed in-service chemical exposure (TCE); Benefit of the doubt resolved in Veteran's favor

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250811-575832

Full Decision Text

Citation Nr: A26033949
Decision Date: 04/14/26 Archive Date: 04/14/26

DOCKET NO. 250811-575832
DATE: April 14, 2026

ORDER

Entitlement to service connection for asthma is granted.

Entitlement to service connection for chronic rhinitis is granted.

Entitlement to service connection for cardiac toxicity and bradycardia is granted.

Entitlement to service connection for acute pancreatitis and pancreas cyst is granted.

Entitlement to service connection for chronic cholelithiasis and cholecystectomy (claimed as gallbladder issue) is granted.

Entitlement to service connection for coronary artery disease, heart block, coronary artery bypass grafting, and grade I diastolic dysfunction (claimed as ischemic heart disease) is granted.

Entitlement to service connection for hypertension is granted.

Entitlement to service connection for essential tremors is granted.

FINDINGS OF FACT

1. Resolving reasonable doubt in the Veteran's favor, his asthma is at least as likely as not related to his presumed in-service chemical exposure.

2. Resolving reasonable doubt in the Veteran's favor, his chronic rhinitis is at least as likely as not related to his presumed in-service chemical exposure.

3. Resolving reasonable doubt in the Veteran's favor, his cardiac toxicity and bradycardia are at least as likely as not related to his presumed in-service chemical exposure.

4. Resolving reasonable doubt in the Veteran's favor, his acute pancreatitis and pancreas cyst are at least as likely as not related to his presumed in-service chemical exposure.

5. Resolving reasonable doubt in the Veteran's favor, his chronic cholelithiasis and cholecystectomy are at least as likely as not related to his presumed in-service chemical exposure.

6. Resolving reasonable doubt in the Veteran's favor, his coronary artery disease, heart block, coronary artery bypass grafting, and grade I diastolic dysfunction are at least as likely as not related to his presumed in-service chemical exposure.

7. Resolving reasonable doubt in the Veteran's favor, his hypertension is at least as likely as not related to his presumed in-service chemical exposure.

8. Resolving reasonable doubt in the Veteran's favor, his essential tremor is at least as likely as not related to his presumed in-service chemical exposure.

CONCLUSIONS OF LAW

1. The criteria for service connection for asthma are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for service connection for chronic rhinitis are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

3. The criteria for service connection for cardiac toxicity and bradycardia are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

4. The criteria for service connection for acute pancreatitis and pancreas cyst (claimed as pancreatitis issues) are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

5. The criteria for service connection for chronic cholelithiasis and cholecystectomy (claimed as gallbladder issue) are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

6. The criteria for service connection for coronary artery disease, heart block, coronary artery bypass grafting, and grade I diastolic dysfunction (claimed as ischemic heart disease) are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

7. The criteria for service connection for hypertension are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

8. The criteria for service connection for essential tremors are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active military service from January 1966 to August 1970.

8. The criteria for service connection for essential tremors are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active military service from January 1966 to August 1970.

The rating decisions on appeal were issued in April 2025 (asthma, rhinitis, and cardiac toxicity and bradycardia) and June 2025 (the remaining issues on appeal), and constitute the initial decisions; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the August 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on December 16, 2025.

Therefore, the Board may only consider the evidence of record at the time of the April 2025 and June 2025 agency of original jurisdiction (AOJ) decisions on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decisions on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

1. Entitlement to service connection for asthma.

2. Entitlement to service connection for chronic rhinitis.

3. Entitlement to service connection for cardiac toxicity and bradycardia.

4. Entitlement to service connection for acute pancreatitis and pancreas cyst.

5. Entitlement to service connection for chronic cholelithiasis and cholecystectomy.

6. Entitlement to service connection for coronary artery disease, heart block, coronary artery bypass grafting, and grade I diastolic dysfunction.

7. Entitlement to service connection for hypertension.

8. Entitlement to service connection for essential tremors.

The Veteran contends that these disabilities are related to chemical exposure (specifically, Trichloroethylene) from his active military service in Germany and Korea. See August and September 2024 VA 21-526EZ Forms. Specifically, the Veteran describes cleaning aircraft wheels "from several different aircrafts by using a warm bath method of Trichloroethylene also known as TCE. While doing the cleaning prosses I used a face shield, apron, and rubber gloves. But no respirator was required at the time. The fumes from the cleaning procedure were always being inhaled. . . The latency period for Trichloroethylene Exposure can be 35 years which in essence if you were exposed to Trichloroethylene in 1968-1970 you may not show effects until 2005." See November 2025 VA 21-4138 Form.

The Board concludes that the Veteran has current disabilities that are related to his presumed in-service chemical exposure. 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 April 2025 and June 2025 rating decisions made Favorable Findings regarding the existence of current diagnoses for all of the issues currently on appeal.

Regarding an in-service incurrence, the April 2025 and June 2025 rating decisions made Favorable Findings in which the AOJ conceded the Veteran's "exposure to certain Toxic Exposure Risk Activities [TERA] during service. [His] military personnel records demonstrates evidence sufficient to concede plausible exposure to toxic elements based upon [his] service locations and/or military duties." A May 2023 TERA memorandum confirms that the Veteran was exposed to "Camp Lejeune Water Contamination - Perchloroethylene (PCE), trichloroethylene
.303(a).

The April 2025 and June 2025 rating decisions made Favorable Findings regarding the existence of current diagnoses for all of the issues currently on appeal.

Thus, the question becomes whether the current disabilities are related to service. On this question, there are probative opinions in favor of and against the claims.

The evidence against the claims includes August 2024 and May 2025 VA medical opinions. These opinions determine that "The claimed condition was less likely than not (likelihood is less than approximately balanced or nearly equal) caused by the indicated toxic exposure risk activity(ies), after considering the total potential exposure through all applicable military deployments of the veteran and the

synergistic, combined effect of all toxic exposure risk activities of the veteran."

The evidence in favor of the claims includes medical opinions from the Veteran's treating private physicians dated in July 2020, July 2024, and September 2024. The private physicians linked the Veteran's current disabilities to "his TCE exposure." See, e.g., September 2024 private opinion ("In my opinion, to within a reasonable degree of medical certainty, his MRI findings and tremor are due to his TCE exposure."); July 2024 private opinion ("I have examined [the Veteran] often while in my care, and I am familiar with his history and can Identify no other risk factor which could be responsible for these events. After my review It is my professional opinion that [the Veteran's] conditions are highly likely to result from his exposure to Trichioroethylene while In Military Service."). The Veteran reported that he has "been seen by the above listed Doctors and more for and some for 20 years." See November 2025 VA 21-4138 Form.

The private opinions are supported by the Web articles submitted by the Veteran. The Web articles describe the long-term effects of the chemicals that the Veteran was exposed to during his service. See February 2026 Correspondence. The private opinions are also supported by the Veteran's and his spouse's lay statements and Board hearing testimony.

Both the private and VA examiners examined the Veteran prior to providing the opinions and gave adequate supporting rationale for the opinions.

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Upon review of the record, the Board finds the lay and medical evidence to at least be in equipoise as to whether the Veteran's current disabilities are related to service, to include his presumed in-service chemical exposure. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for asthma, chronic rhinitis, cardiac toxicity and bradycardia, acute pancreatitis and pancreas cyst, chronic cholelithiasis and cholecystectomy, coronary artery disease, heart block, coronary artery bypass grafting, and grade I diastolic dysfunction, hypertension, and essential tremors is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. The claims are granted.

I. Cannaday

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board S. M. Watkins, 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.

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