Citation Nr: 21065823 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 19-38 468 DATE: October 27, 2021 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD) to include as due to exposure to Agent Orange is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1966 to October 1968 to include service in the Republic of Vietnam. These matters come before the Board of Veterans' Appeals (Board) from February 2017 and February 2018 rating decisions. The Veteran requested, and was scheduled for a Board hearing; however, in a December 2020 correspondence, the Veteran, through his representative, withdrew the request for a hearing. In February 2021, the Board remanded the issue of service-connection for COPD for a VA examination and opinion. The issue of TDIU was remanded as inextricably intertwined with the COPD issue. 1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD) to include as due to exposure to Agent Orange is remanded. The Veteran contends that his current diagnosis of COPD is due to or related to his exposure to Agent Orange during his tour in Vietnam. Exposure to herbicides has been conceded as the Veteran served in Vietnam from February 1968 to October 1968, according to his personnel records. As the Veteran had not been scheduled for a VA examination and a medical opinion had not been obtained, the Board, in February 2021, remanded the issue for a VA examination and opinion. At an April 2021 VA respiratory disorders examination, the examiner noted the Veteran's diagnosis of COPD in 2008. The examiner opined that it was less likely than not the Veteran's COPD was incurred in or caused by service and/or herbicide exposure. The rationale was solely comprised of a cite to an article titled "Predictors of Asthma/COPD Overlap in FDNY Firefighters with World Trade Center Dust Exposure: A Longitudinal Study". Unfortunately, the April 2021 VA opinion is not responsive to the issue of whether the Veteran's COPD is causally or etiologically related to service, to include as due to exposure to herbicides. Additionally, there is no evidence in the claims file to suggest that the Veteran participated in the rescue operation on September 11, 2001 at the World Trade Center, and even if he had, the Veteran has reported that his breathing difficulties began in 2000. As the question of whether the Veteran's diagnosed COPD is etiologically related to his military service, to include presumed exposure to herbicides, a remand is necessary for a new VA examination and opinion. 2. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is remanded. The Board finds that the Veteran's claim for TDIU is inextricably intertwined with the issue being remanded. Therefore, the Board finds that remanding the claim for TDIU for contemporaneous consideration is also warranted. Harris v. Derwinski, 1Vet. App.180, 183 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination with an appropriate examiner to determine whether the Veteran's COPD disability is etiologically related to his military service. The examiner should opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's COPD is causally or etiologically due to service, to include as due to exposure to herbicides. In rendering the opinion, the examiner is asked to consider whether there is a medically sound basis to attribute the Veteran's COPD to his in-service exposure to herbicides. *The examiner is advised that the Board is cognizant that there is no VA presumption of service connection for COPD as due to herbicide exposure. The question here is what is the likelihood that this Veteran's COPD is related to his herbicide exposure given his medical history, family history, other risk factors, etc. (Continued on the next page) All opinions should be supported by a clear rationale, and a discussion of the facts and medical principles involved. 3. Thereafter, the AOJ should readjudicate the issues on appeal, to include TDIU. Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Mitchell, 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.