Citation Nr: 21076630
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 16-62 237
DATE: December 27, 2021

REMANDED

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded.

REASONS FOR REMAND

The Veteran had active-duty service from October 1976 to June 1979.

This matter comes before the Board of Veterans' Appeals (Board) from an August 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In July 2021, the Boarded remanded the issue of service connection for COPD.  Although the Board regrets further delay, remand is again warranted in order to obtain an adequate medical opinion concerning the etiology of the Veteran's COPD.

Upon remand, the Veteran was granted service connection for a lumbar spine disability. See October 2021 rating decision. The decision was a complete grant of benefits, and therefore that issue is no longer on appeal before the Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded.

As noted in the November 2021 representative brief, the September 2021 VA examiner opined that the Veteran's currently diagnosed emphysema condition was less likely than not incurred in or caused by service.  However, the examiner did not address the Veteran's service treatment records (STRs) noting a chest cold, sore chest with congestion sounds, and radiating chest pain. See October 11, 1977, January 16, 1978, and February 14, 1978 STRs; November 23, 2021 Post-Remand Appellate Brief. Rather, the VA examiner opined that there was no report of respiratory complications during service. Here, given the aforesaid STRs, the Boards finds the September 2021 VA examiner's medical opinion to be based on an inaccurate factual basis. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993). As such, the Board finds the September 2021 VA medical opinion inadequate for adjudication purposes, requiring a remand to acquire an addendum medical opinion. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).

The matters are REMANDED for the following action:

Obtain an addendum medical opinion regarding the Veteran's COPD. Upon review of the pertinent evidence of record, to include this remand, and as indicated below, the VA examiner is requested to opine as to the following:

Is it at least as likely as not (50 percent probability or greater) that the Veteran's currently diagnosed emphysema condition was incurred in service, or is otherwise directly related to service?

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The VA examiner is requested to specifically address the Veteran's STRs of record noting a chest cold, sore chest with congestion sounds, and radiating chest pain. See VBMS, document titled "STR-Medical," dated January 1, 2009 (October 11, 1977, January 16, 1978, and February 14, 1978 STRs therein). 

 

 

C. Casey

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.R. Fey, Associate 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.