Citation Nr: 21068872 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 17-36 009 DATE: November 15, 2021 REMANDED Entitlement to service connection for a disorder manifested by trouble breathing, to include chronic obstructive pulmonary disease (COPD) and anemia, and/or as secondary to service-connected hepatitis C is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1969 to August 1971. These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in April 2019. The transcript is of record. Following the Board's remand of this matter, the Veteran requested a new hearing, but subsequently rescinded that request. Unfortunately, the Veteran passed away in July 2021, for which the Board extends the appellant, his surviving spouse, its condolences along with its gratitude for his service. 1. Entitlement to service connection for a disorder manifested by trouble breathing, to include chronic obstructive pulmonary disease (COPD) and anemia, and/or as secondary to service-connected hepatitis C is remanded. The Board finds that substantial compliance with its October 2019 remand directives has not been achieved, and the matter must be returned to the AOJ in order that the appellant be afforded a VA medical opinion that is coherent and responsive to the Board's directives. The VA examiner with whom the Veteran met in March 2021, while directed by the Board's October 2019 remand to consider and comment on whether the Veteran's respiratory disorder might be secondary to service-connected hepatitis C, appears merely to have offered information taken from the Mayo Clinic website discussing hepatitis B generally (the Veteran is service connected for hepatitis C), without any rationale tailored to the Veteran's specific contentions, the evidence in the instant matter, or the October 2019 remand directives. On remand, a new VA medical opinion must be obtained from a different examiner than the one with whom the Veteran met in March 2021, that addresses with specificity the theories of entitlement put forward in this case. The matter is REMANDED for the following action: 1. Forward the claims file to a qualified VA examiner who has not previously participated in this case for a medical opinion exploring the etiology of the Veteran's respiratory disorder. The examiner should list all respiratory diagnoses that were present during the appeal period. For each diagnosed condition, the examiner should state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service. If it is determined any diagnosed respiratory condition is not directly related to service, the examiner should state whether, on an at least as likely as not basis, the condition was caused or aggravated beyond its normal progression by any service-connected disability, including the Veteran's hepatitis C. A thorough rationale should be offered for all opinions expressed. 2. Review the opinion to ensure that it is in complete compliance with the directives of this remand. 3. If the benefit sought is not granted, the appellant and her representative must be furnished a supplemental statement of the case. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.