Citation Nr: 21069469 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 16-45 912 DATE: November 18, 2021 REMANDED Entitlement to service connection for a lung disorder, to include chronic obstructive pulmonary disease (COPD) and asbestosis, including as secondary to service-connected atrial fibrillation, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1956 to November 1959 and had subsequent unverified service in the Navy Reserves. Unfortunately, he died in December 2020. The appellant is his surviving spouse and has been properly substituted as the claimant in the matter addressed herein. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2018, the Veteran, his spouse, and his daughter testified in a Travel Board hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript has been associated with the record. In February 2019 and October 2020, the Board remanded this matter for additional development. Unfortunately, another remand is required, as there has not been substantial compliance with the Board's remand directives. Stegall v. West, 11 Vet. App. 268 (1998) (finding that a remand by the Board confers on the Veteran the right to compliance with its remand orders). Entitlement to service connection for a lung disorder, to include chronic obstructive pulmonary disease (COPD) and asbestosis, including as secondary to service-connected atrial fibrillation, is remanded. In the October 2020 remand, the Board directed the RO to obtain a medical addendum opinion as to the etiology of the Veteran's lung disorder. Specifically, the Board instructed the VA examiner to provide an opinion as to whether it is at least as likely as not that any currently diagnosed lung disorder was aggravated by the Veteran's service-connected atrial fibrillation. Furthermore, the Board directed the examiner to address the December 2019 examiner's indication of a positive association between the two disorders and the referenced medical literature. While the aggravation opinions were obtained in June 2021 and August 2021, these opinions do not specifically address the December 2019 examiner's indication of a positive association between the two disorders and the referenced medical literature. Thus, remand is necessary to obtain a medical addendum opinion on aggravation that complies with the Board's remand directives. See Stegall, supra. In addition, the June 2021 VA examiner opined that the Veteran's claimed COPD was less likely than not incurred in or caused by the asbestos exposure in service. The VA examiner explained that a review of the medical literature does not show evidence of a causal relationship between COPD and asbestos. The VA examiner noted that the most common risk factor for COPD is smoking, and the records show that the Veteran had a significant tobacco history. For these reasons, the VA examiner concluded that it is less likely that the Veteran's exposure to asbestos caused his COPD. The Board finds that this opinion is inadequate, as it is conclusory and lacks a rationale. See Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007); see also Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008) (a medical opinion that contains only data and conclusions is accorded no weight). On remand, adequate rationale should be obtained. The matters are REMANDED for the following action: 1. Obtain an addendum medical opinion from an appropriate VA examiner to help determine the likely etiology of the claimed lung disorder, to include COPD. The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials. After review of the record, the examiner is asked to respond to the following: (a) Provide an opinion as to whether the diagnosed lung disorder, to include COPD, is at least as likely as not (a 50 percent or higher probability) the result of the conceded exposure to asbestos during service. Explain why or why not. (b) Provide an opinion as to whether it is at least as likely as not that any currently diagnosed lung disorder, to include COPD, at least as likely as not (a 50 percent or higher probability) was aggravated by the Veteran's service-connected disabilities, including atrial fibrillation and sleep apnea. **In doing so, the examiner should specifically address and reconcile the December 2019 examiner's indication of a positive association between COPD and atrial fibrillation and the referenced medical literature. See VBMS entry titled "C&P Exam" on 12/19/2019 at p.2. A complete rationale should be provided for all opinions. 2. Then, readjudicate the issue on appeal. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Thomas, 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.