Citation Nr: 20074496 Decision Date: 11/19/20 Archive Date: 11/19/20 DOCKET NO. 16-44 953 DATE: November 19, 2020 REMANDED Service connection for sinusitis. Service connection for emphysema. REASONS FOR REMAND The Veteran served on active duty from July 1963 to July 1967. The case is on appeal from a January 2014 rating decision. The claims were last before the Board in December 2018. At that time, the Board remanded for further development. 1. Service connection for sinusitis. 2. Service connection for emphysema. The Board finds that there was not substantial compliance with the Board’s December 2018 remand directives where the Board directed the Veteran be afforded a VA examination and medical opinion. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In its remand directives, the Board noted the examiner should consider the Veteran’s lay statements of being exposed to environmental hazards while working in a federal building during service. This included work in a secure space where the Veteran competently reported experiencing labored breathing. Additionally, the Board noted the examiner should consider the numerous service treatment records (STRs) showing complaints of shortness of breath during the July 1963 entrance examination and the Veteran’s July 1963 in-service complaints of pain in the left side of his chest and experiencing dizzy spells after runs. STRs also showed an upper respiratory infection in June 1965, and at his July 1967 separation examination, the Veteran marked having shortness of breath and then crossed it out. Post-service, the Veteran recalled a diagnosis of sleep apnea around 1996, requiring him to use a CPAP machine when he sleeps. Recent VA treatment records show a history and/or diagnosis of sinusitis and emphysema. The Veteran also had a history of tobacco use that ended in 1989. While the October 2019 VA examiner considered the “crossed-out” notation on the July 1967 separation examination, the examiner’s medical opinion does not appear to consider or address the remaining complaints/treatment recorded in the STRs, the Veteran’s lay statements, or post-service medical records. A Board remand confers upon the Veteran, as a matter of law, the right to compliance with the remand order. See Stegall, 11 Vet. App. at 268. Thus, in accordance with Stegall, remand for full compliance with the Board’s prior remand is warranted. In light of the remand, updated VA treatment records should be obtained. The matters are REMANDED for the following action: 1. Obtain VA treatment records dated since June 2020. 2. Thereafter, schedule the Veteran for a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) by an appropriate medical professional to determine the nature and etiology of any sinusitis and emphysema. The examiner should first identify whether the Veteran in fact has current diagnoses of sinusitis and emphysema. If sinusitis or emphysema are not diagnosed, it should be explained why this is so. The Veteran’s tobacco use history should be noted. Then, for each identified disability, the examiner should provide an opinion as to whether it is least as likely as not (i.e., at least equally probable) that the disability has its onset during, or is otherwise related to, the Veteran’s service. (Continued on the next page)   Consideration should be given to the Veteran’s lay statements as to in-service environmental hazards and treatment for respiratory problems after service. A complete rationale should be provided for any opinion expressed. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Becton, 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.