Citation Nr: 20021397 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 18-36 117 DATE: March 25, 2020 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded. Entitlement to an increase rating for service-connected hearing loss, to include the propriety of any reduction in rating, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1968 to December 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office. 1. Entitlement to service connection for COPD is remanded. The Veteran contends that his COPD is related to his active duty military service. Specifically, that he was exposed to fumes, oil, and gases in boiler rooms and engine areas during service that are directly related to his respiratory issues. See June 2018 Statement in Support of Claim. The Veteran underwent an April 2018 VA examination for respiratory conditions. The examiner noted the Veteran’s chronic pulmonary disease diagnosis. The examiner also opined that the Veteran’s condition was as less likely than not related to his military service. The examiner provided a rationale that no evidence of record found to suggest Veteran’s COPD is due to active duty service, rather is most likely from decades of smoking. The Board finds that the April 2018 VA examination is inadequate, as it does not take into account the Veteran’s statements regarding the conditions of his active duty service. When VA undertakes to provide a VA examination or obtain a VA opinion it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). Given the Veteran’s statement along with the inadequate examination, a remand for a new examination is required. 2. Entitlement to an increase rating for service-connected hearing loss, to include the propriety of any reduction in rating, is remanded. The Board notes that the Veteran’s January 2018 application and June 2018 notice of disagreement (NOD) included a claim for increased rating for service-connected hearing loss. Additionally, the Veteran’s July 2018 VA Form-9 also stated that he was appealing the proposed decrease of his hearing loss claims. The Veteran’s July 2018 statement of the case (SOC) did not include a hearing loss claim. Consequently, the Board finds a remand is necessary for the issuance of a SOC with respect to these claims. See Manlincon v. West, 12 Vet. App. 238 (1999). The matters are REMANDED for the following action: 1. Obtain updated VA and/or private treatment records to the extent possible and associate them with the claims file. 2. Schedule the Veteran for an appropriate VA examination to determine the nature and possible relationship to service of any identified respiratory disorder. A copy of the Veteran’s claims file, to include this remand, must be provided to the examiner prior to examining the Veteran. After examining the Veteran, the examiner is to state from what respiratory disorders the Veteran currently suffers. The examiner must then provide an opinion as to whether it is at least as likely as not that any identified respiratory disorder had its onset during or is otherwise related to the Veteran’s active naval service, to include his exposure to fumes and gases. 3. After completion of the requested development and any further development warranted, issue a statement of the case (SOC) as to hearing loss. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board, R. Smith Department of Veterans Affairs 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.