Citation Nr: 21064588
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 16-61 940
DATE: October 20, 2021

REMANDED

Entitlement to service connection for chronic pulmonary obstructive disease (COPD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to July 1969.

In November 2020, the Veteran testified before the undersigned Veterans' Law Judge. A copy of the transcript is associated with the record. The case was remanded in January 2021 for VA examinations. One of those examinations was to determine the nature and etiology of the Veteran's COPD.

The Veteran contends that his COPD is service connected.  Specifically, the Veteran served in Vietnam during his time in active service.  The Veteran contends that while in active service, he was exposed to rock dust that was laced with agent orange. See March 2012 Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder. The Veteran claims that exposure to this substance caused his COPD.

In March 2021, a VA examination was conducted to determine the etiology of his COPD. The examiner opined that the Veteran's COPD was not caused by his exposure to rock dust.  The examiner failed to state whether the exposure to rock dust could have aggravated his COPD or if agent orange or herbicide agent exposure could have caused or aggravated the Veteran's COPD. As a result, the Board must remand this case to obtain an addendum opinion.

The matters are REMANDED for the following action:

Return the claims file to the March 2021 VA examiner to obtain an addendum opinion as to the etiology of the Veteran's COPD.  Specifically, the examiner must opine (a) whether it is at least as likely as not (50 percent or greater probability) that agent orange exposure caused the Veteran's COPD and (b) whether it is at least as likely as not (50 percent or greater probability) that exposure to rock dust aggravated the Veteran's COPD.  The rationale for the opinion must be provided.

If the March 2021 VA examiner is unavailable, the opinion should be provided by another qualified physician following review of the claims file. If a new examination is deemed necessary one should be scheduled.   

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.