Citation Nr: 21002604 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 17-38 204 DATE: January 14, 2021 REMANDED Entitlement to service connection for a disability manifested by shortness of breath, to include COPD, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from October 1961 to October 1965. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. In May 2019, the Veteran testified before the undersigned Veteran’s Law Judge. A transcript of the hearing is associated with the claims file. In October 2019, the Board remanded the claim to obtain a medical opinion to determine the nature and etiology of any respiratory disorder causing shortness of breath. Entitlement to service connection for a disability manifested by shortness of breath, to include COPD, is remanded. The Veteran contends that his disability manifested by shortness of breath, to include COPD, is related to service. Medical treatment records associated with the file indicate that the Veteran has at times carried a diagnosis of COPD, as well as, emphysema. In addition, treatment records show various comorbid diagnoses. Consequently, a medical opinion was requested to clarify the presence of a current diagnosis of a respiratory disorder, and, if so its relation to service, if any. Upon remand, the Veteran underwent a VA examination in December 2019, which showed a 2009 diagnosis of chronic obstructive pulmonary disease (COPD), with ongoing treatment with inhalers. The examiner opined that the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event or illness. The examiner reasoned that based on the review of standard medical textbooks and medical literature, the Veteran’s mild emphysema is less likely related to the herbicide agent exposure in service. The Board regrets the further delay but finds that a remand in necessary to provide the Veteran the greatest possible consideration. The opinion rendered is inadequate because it does not provide a rationale to support the conclusion and does not consider or address the Veteran’s lay reports and testimony that his symptoms of breathing disorder developed during and subsequent to service. Further, the opinion does not discuss the Veteran’s medical history and rather, appears based only on medical literature. Thus, this opinion is inadequate for the Board to use for adjudication of the claim and a new examination with opinion is needed, which explains whether there is an etiological relationship by providing a full rationale. The matter is REMANDED for the following action: 1. Update VA treatment records. 2. Thereafter, schedule the Veteran for an examination with an appropriate clinician to determine the nature and etiology of his respiratory condition, to include COPD. The examiner should opine on the following: Is it at least as likely as not (50 percent or greater probability) that the Veteran’s respiratory condition, to include COPD, is related to an in-service injury, event, or disease, to include conceded herbicide exposure? The examiner should address the Veteran’s reports and testimony regarding symptoms of breathing disorder developing during and subsequent to service. The examiner should provide a detailed rationale to support any conclusion reached. If a full rationale or explanation cannot be provided, then the examiner should state why this is the case. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Wilson, 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.