Citation Nr: 20002440 Decision Date: 01/10/20 Archive Date: 01/10/20 DOCKET NO. 14-20 256A DATE: January 10, 2020 REMANDED Entitlement to service connection for sarcoidosis is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from December 1965 to September 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In April 2018, the Board remanded this matter for further development. The case has been returned to the Board for further appellate action. 1. Entitlement to service connection for sarcoidosis is remanded. Pursuant to the Board’s April 2018 remand directive, the Veteran was provided a new VA examination in April 2019. However, in rendering the negative opinion, the examiner did not address the Veteran’s reports of symptoms or history as specified in the prior remand directive. Moreover, the examiner did not opine whether the Veteran’s sarcoidosis was related to Agent Orange herbicide exposure on a direct basis. See Combee v. Brown, 34 F.3d 1039, 1043-44 (Fed. Cir. 1994) (finding that even if a Veteran is not entitled to a regulatory presumption of service connection for a given disability, the claim must be reviewed to determine whether service connection can be established on a direct basis). Rather, the negative statement addressing any possible relationship between sarcoidosis and herbicides was based solely on the fact that it is not one of the listed conditions for which service connection may be presumed as a result of agent orange exposure. Accordingly, there has not been substantial compliance with the prior remand directive and an addendum opinion is required. The matter is REMANDED for the following actions: 1. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran’s sarcoidosis. The claims file should be reviewed by the examiner, to include the Veteran’s March 1984 private medical record, and the Veteran’s April 1984 private treatment record noting a 1977 x-ray that showed hilar adenopathy, and the Veteran’s reported symptoms. After a review of the claims file, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s sarcoidosis arose in or is otherwise related to service, to include exposure to Agent Orange during service. A rationale for all opinions should be provided. If the examiner rejects the March 1984 private medical record, the April 1984 private treatment record, and the Veteran’s reported symptoms, a reason for doing so should be provided in the opinion. If the examiner is unable to provide an opinion without resorting to speculation, an explanation as to why this is so and what, if any, additional evidence would be necessary before an opinion could be rendered should be provided. (Continued on the next page)   2. If the claim remains denied, issue a supplemental statement of the case. A.M. CLARK Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Perez, 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.