Citation Nr: 21002547 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 17-63 234 DATE: January 14, 2021 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD)/emphysema is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from June 1960 to August 1963. The Veteran appeals the denial of service connection for COPD. He claims that while serving onboard the U.S.S. Stickell (DD-888) he was sent to the Philadelphia Naval Yard for an overhaul. While there, he claims, that he was assigned as a fire watch during maintenance and that he was exposed to asbestos when maintenance removed pipes that were wrapped in asbestos. In relation to the claim, the Veteran was afforded a VA examination in October 2019. The VA examiner opined that the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed inservice injury, event or illness. The VA examiner reasoned that “asbestos exposure causes restrictive lung disease and there is no evidence for this in the CXR or PFTs.” The examiner found that cause of the Veteran’s COPD, which is an obstructive lung disease, is more likely than not his history of smoking. It was noted that the CT of the chest in March 2018 did not support asbestosis and the CXR in October 2019 did not support asbestosis. Since that time, however, in January 2021, Dr. K stated that the Veteran was his patient and that he had severe emphysema. It was noted that, in addition to the tobacco abuse, the Veteran admitted to exposure to welding fumes and other industrial exposure (without use of safety equipment) while serving aboard the U.S.S. Stickell. Dr. K opined that the Veteran’s tobacco exposure and industrial exposure has likely resulted in the severe underlying emphysema. In light of the new evidence presented, the Board has no option but to remand the issue for further development. On remand, another opinion should be obtained that addresses the lay statements and opinion of Dr. K. The matters are REMANDED for the following action: 1. Obtain an addendum opinion by an appropriate clinician to determine if the Veteran has a respiratory disability to include COPD and emphysema that is related to service. The examiner must be provided access to the Veteran's electronic claims file. If, after review of the claims file, the examiner determines that another VA examination is necessary, such must be scheduled, and the Veteran must be notified. As to each and every respiratory/pulmonary condition diagnosed in the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s disability had its onset in service or is causally related to service to include his reports of exposure to asbestos and welding fumes while in the Navy. In doing so, the VA examiner must address: (1) the Veteran’s report of being assigned as a fire watch during maintenance and that he was exposed to asbestos when maintenance removed pipes that were wrapped in asbestos, (2) his history of smoking and work in steel mills, (3) the Veteran’s report of exposure to welding fumes and other industrial exposure while serving aboard the U.S. Stickell and (4) the January 2012 opinion of Dr. K that the Veteran’s tobacco exposure and industrial exposure has likely resulted in the severe underlying emphysema. A complete, well-reasoned rationale must be provided for all opinions offered. The examiner must reconcile any opinion with the lay statements and testimony of the Veteran. 2. Upon completion of the above requested development and any additional development deemed appropriate, the AOJ should readjudicate the remanded issue. If any benefit sought on appeal remains denied, the appellant and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.S. Willie 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.