Citation Nr: 21073792
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 20-10 317
DATE: December 10, 2021

REMANDED

Entitlement to service connection for chronic obstructive pulmonary disease (COPD), to include as due to asbestos exposure, is remanded.

REASONS FOR REMAND

Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. 

The Veteran had active military service from April 1963 to April 1965.

This matter comes before the Board of Veterans' Appeals (Board) from the April 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran appeared at an October 2021 hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the record. 

1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD), to include as due to asbestos exposure, is remanded

The Veteran contends that his COPD is related to his military service.  Specifically, the Veteran alleges that while he was aboard the USS Ticonderoga, he was assigned to redo a shower which included removing the floors and walls.  The Veteran has stated throughout the record that at this time he was exposed to asbestos.  Additionally, in January 2017, the Veteran stated that he believes that his exposure to chemicals while in service may have caused his COPD.  The Board also notes that herbicide exposure has been conceded in a September 2021 VA memorandum. 

Therefore, the Board finds that a remand is warranted to obtain an addendum opinion to determine whether the Veteran's current COPD is related to his in-service herbicide exposure and/or his exposure to chemicals. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion by an appropriate clinician to determine the nature and etiology of the Veteran's COPD. The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's COPD is related to an in-service injury, event, or disease, including conceded herbicide exposure and/or his exposure to chemicals.

All opinions provided must be thoroughly explained and an adequate rationale for any conclusions reached must be provided.  The examiner should not rely solely on the absence of evidence of in-service treatment or injury in the Veteran's service treatment records as a basis for any given opinion.  If any requested opinion cannot be provided without resort to speculation, the medical professional should state and explain why an opinion cannot be provided without resort to speculation. 

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2. Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence.

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Mountford, 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.