Citation Nr: 21010770 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 17-22 394A DATE: February 25, 2021 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from November 1961 to August 1962. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a February 2019 decision, the Board denied service connection for COPD and the Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a memorandum decision, the Court vacated the February 2019 Board decision and the issue above was remanded. The case has subsequently returned to the Board. 1. Service Connection for COPD is Remanded. The Veteran asserts that his current COPD is due to his active duty service. Specifically, the Veteran contends his current COPD was caused or aggravated by in-service job duties that included exposure to coal dust and toxic fumes. After review of the evidence, a remand is necessary to ensure the Board has an adequate record to decide the claim on. In September 2016, the Veteran underwent a VA examination to determine the etiology of the current COPD. The VA examiner opined the Veteran's current COPD was less likely than not due to his active service including environmental exposures. The VA examiner added that the current COPD was more likely due to a history of smoking, which is the most common risk factor for the development of COPD. However, as the memorandum decision noted, no examiner interpreted the documents in question or explained any implication between exposures to risk factors and a diagnosis. Furthermore, the examiner did not comment on the treatise evidence submitted by the Veteran. As such, a remand is necessary. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The matters are REMANDED for the following action: 1. Associate the Veteran's VA treatment records since January 2021 with the electronic claims file. 2. After the above development and any additionally indicated development has been completed, obtain an addendum opinion from a pulmonologist. If a pulmonologist is unavailable, obtain an opinion from an appropriate clinician to determine the nature and etiology of the Veteran's claimed COPD. The entire claims folder should be made available and reviewed by the examiner. If the VA examiner determines that an additional examination of the Veteran is necessary to provide reliable opinions as to causation, such examination should be scheduled; however, the Veteran should not be required to report for another examination as a matter of course, if it is not found to be necessary. The examiner is requested to provide an opinion as to the following: Whether it is at least as likely as not (50 percent probability or greater) that the Veteran's COPD had onset or is otherwise related to his active service? The VA physician must comment on: 1) The Veteran's in-service exposure to coal dust and toxic fumes as a risk factor for COPD. 2) The October 2016 and April 2017 letters from the Veteran documenting the history of his COPD. 3) The treatise evidence on COPD submitted by the Veteran 4) The time between exposure to risk factors and the onset of disease with COPD. 5) the impact of the uncertainty in the length of time and amount the Veteran smoked. To the extent possible the examiner should provide an opinion using both the lowest and highest estimate and explain whether the change in the exposure would alter the conclusion. A complete rationale for all opinions is required. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Teague, 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.