Citation Nr: 21004282 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 18-34 289A DATE: January 26, 2021 REMANDED Entitlement to service connection for chronic obstructive pulmonary disorder (COPD) is remanded. REASONS FOR REMAND The Veteran had active service from September 1954 to February 1958. This matter comes before the Board of Veterans’ (Board) on appeal from a May 2016 rating decision. In July 2020, the Board remanded the matter for further evidentiary development. The July 2020 Board remand directed the agency of original jurisdiction (AOJ) to obtain an addendum opinion regarding whether the Veteran’s COPD is related to his claimed in-service exposure to dust. Accordingly, the Veteran underwent VA examination in August 2020, at which time the VA examiner opined that the Veteran’s COPD was less likely than not incurred in, or caused by, the claimed in service exposure to dust. The examiner noted that the Veteran’s service treatment records (STRs) including his separation examination, are silent for symptoms suggestive of a chronic lung disorder—and that his outpatient treatment records (OPTs) were silent for symptoms suggestive of a chronic lung disability for more than 40 years after active duty separation. Lastly, the examiner stated that record did not contain documentation of a continuity of complaints since active duty service, nor is there documentation of chronicity since active duty service. Unfortunately, the Board finds that the August 2020 VA addendum opinion is inadequate for adjudication purposes. In this regard, the examiner reviewed the Veteran’s STRs and OPTs, but did not address the Veteran’s contentions about his shortness of breath symptom that started in service and have since continued. Significantly, and in this regard, the Board notes that the record contains a January 1968 VA summary of hospitalization report reflecting the Veteran’s complaints of shortness of breath. While the Board acknowledges that shortness of breath is a fairly common condition that does not necessarily require frequent treatment, the Board does find—in light of the clear relationship between such symptomatology and the respiratory condition claim on appeal—that an addendum opinion addressing the etiology of the Veteran’s diagnosed respiratory condition is necessary. Accordingly, this matter is REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s COPD is at least as likely as not related to his claimed in-service exposure to dust. (In other words, is the Veteran’s COPD consistent with his claimed in-service exposure to dust?) The Veteran should be scheduled for a VA examination only if deemed necessary. In rendering the requested opinion, the examiner should provide a rationale and a thorough explanation. The examiner must discuss the Veteran’s competent and credible statements that his shortness of breath symptoms began in service and have continued thereafter. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination, for example, may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument, whether himself or through his representative, with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. R. Bobb, 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.