Citation Nr: 21009577 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 16-62 094 DATE: February 22, 2021 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded. REASONS FOR REMAND The Veteran had active service in the Army from April 1972 to April 1980. The appeal originates from a March 2012 decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned in August 2019. In November 2019, the Board remanded the service connection claims for asthma and COPD. A September 2020 rating decision granted service connection for asthma and the issue is no longer before the Board. Entitlement to service connection for COPD is remanded. The Veteran contends that he has COPD due to in-service exposure to chemicals and fumes or secondary to service-connected asthma (including as a progression of the latter). See August 2019 Hearing Transcript. The matter was remanded in November 2019 for a VA examination with opinion regarding whether the Veteran has a diagnosis of COPD and its etiology, which was obtained in December 2019. The examiner appeared to indicate that a diagnosis of COPD is contained in the record but that the evidence does not support such a diagnosis. Following the July 2020 supplemental statement of the case (SSOC), VA treatment records were associated with the file containing an October 2019 opinion from a physician relating COPD to service. See September 2020 CAPRI. VA sent correspondence to the Veteran in December 2020 requesting clarification as to whether he waived Agency of Original Jurisdiction (AOJ) review of this evidence. No response has been received. A remand is necessary to afford him due process. The matter is REMANDED for the following action: Review evidence received since the July 2020 SSOC and readjudicate the appeal. Reference is made to an October 2019 statement from a VA staff physician. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alhinnawi 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.