Citation Nr: 21071365
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 13-01 543
DATE: November 30, 2021

REMANDED

Entitlement to service connection for a respiratory disability is remanded.

Entitlement to service connection for a left hand disability is remanded.

Entitlement to service connection for a right hand disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1970 to January 1992. 

A hearing was held before the undersigned veterans law judge in June 2019 in Fort Harrison, Montana. The transcript is of record. During the hearing, the VLJ clarified the issues, asked if there was outstanding evidence and held the file open for the submission of evidence. Such actions comply with 38 C.F.R. § 3.103.

1. Entitlement to service connection for a respiratory disability is remanded.

In the Board's May 2021 remand, an addendum opinion was requested for the issue of service connection for a respiratory disability. The examiner was instructed to address the Veteran's in-service complaints of chest pains and provide an opinion with accompanying rationale regarding whether any current respiratory disability was at least as likely as not related to the in-service complaints of chest pain. The opinion provided in August 2021 consisted merely of a restatement of the Veteran's history and stated that the Veteran's current COPD is unrelated to his chest pains in service. However, no explanation was provided. This is insufficient, and unfortunately another remand is required. 

2. Entitlement to service connection for a left hand disability is remanded.

3. Entitlement to service connection for a right hand disability is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives. Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board's May 2021 remand specifically instructed the AOJ to schedule a new examination for the Veteran's hands, which would address whether there is a diagnosis of Raynaud's. An addendum opinion was provided without additional examination, as the clinician stated that a recent examination was of record. However, the Board has already indicated that the February 2021 examination is not sufficient, and a new examination is necessary unless medically contraindicated. Remand is required for a new examination. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion by an appropriate clinician to determine the nature and etiology of any breathing disorder (recently found as COPD with chest pain and dyspnea). The examiner is asked to provide an opinion regarding whether a breathing disorder is at least as likely as not (50 percent or greater likelihood) due to service, to include documented chest pains in 1982, 1991 and at separation. A complete and well-reasoned rationale must be provided. Mere restatement of the facts with a conclusory statement is not sufficient. 

2. Schedule an examination of the hands. Testing specific for Raynaud's should be conducted unless contraindicated. If present, the examiner should provide an opinion regarding whether such at least as likely as not (50 percent or greater likelihood) due to service, to include the Veteran's reports of in-service complaints. 

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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.