Citation Nr: 21073715
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 15-23 633
DATE: December 10, 2021

REMANDED

Entitlement to service connection for chronic obstruction pulmonary disease (COPD), claimed as a chronic respiratory condition and respiratory difficulties, to include as due to service in Southwest Asia, is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the U.S. Army from January 1968 to January 1970 and from May 1979 to July 1992.

This case comes before the Board of Veteran's Appeals (Board) on appeal from an August 2012 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ), which was itself a reconsideration of an earlier July 2011 decision. 38 C.F.R. § 3.156(b); see Buie v. Shinseki, 24 Vet. App. 242, 252-52 (2010).

The Veteran contends that he developed his current chronic respiratory disorder, diagnosed as COPD, as a result of his exposure to smoke and various chemicals while serving in Southwest Asia.

In August 2018, the Board remanded the claim for a new VA examination and opinion after finding a June 2012 medical opinion was inadequate. The Board finds the resulting February 2021 opinion is also inadequate, and further remand is required.

Both opinions cited the Veteran's long smoking history as the most likely cause of COPD, and stated that COPD was not reflected in service treatment records (STRs).  However, though service in Southwest Asia was acknowledged and general mention of exposure to "chemicals" was mentioned, neither examiner gave proper consideration to such. This is particularly problematic in light of the recent changes to law and regulation acknowledging the impact of exposure to chemicals and fine particulate matter on the respiratory system.

Service personnel records show service in Saudi Arabia from October 1990 to March 1991, as well as service in Vietnam from January 1969 to January 1970.  An opinion addressing the exposures to herbicides in Vietnam and particulate matter from burn pits and other such sources in Southwest Asia is required.

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2.  Schedule the Veteran for a VA respiratory conditions examination. The claims folder must be reviewed in conjunction with the examination. The examiner must opine as to whether it is at least as likely as not that any current respiratory condition, particularly COPD, is caused or aggravated by his active service, to include exposure to environmental hazards while serving Saudi Arabia, his in-service diagnosis of acute respiratory disease in February 1968, and/or exposure to herbicides in Vietnam. 

A full and complete rationale addressing documentary evidence and the Veteran's competent and credible lay statements must be provided for any opinion reached.

2. Thereafter, readjudicate the remanded issues. If any benefit sought remains denied, issue a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter

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.