Citation Nr: 21020973 Decision Date: 04/08/21 Archive Date: 04/08/21 DOCKET NO. 15-25 772 DATE: April 8, 2021 REMANDED Entitlement to service connection for asthma is remanded. REASONS FOR REMAND The Veteran was a member of the United States Army Reserve from April 2008 to September 2011, with a period of initial active duty for training (ACDUTRA) from September 2008 to January 2009, plus additional periods of ACDUTRA and inactive duty for training (INACDUTRA). This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The matter was previously before the Board, most recently in April 2019, at which time it was remanded for additional development. As there was not substantial compliance with the April 2019 remand order, another remand of this issue is necessary. See Stegall v. West, 11 Vet. App. 268. 271 (1998). In its April 2019 remand directives, the Board requested that the Veteran be given a VA respiratory examination. The directives expressly noted that the examiner must opine as to whether the Veteran’s asthma diagnosis is at least as likely as not caused or aggravated by military service, specifically her exposure to tear gas during basic training. A new opinion was obtained in November 2019. While the opinion found that it was less likely than not that the Veteran’s asthma was incurred in or caused by service, the examiner did not specifically address the Veteran’s exposure to tear gas during basic training as a causing or aggravating factor. She did not even mention tear gas, and appears to even dispute the presence of a current disability, which was previously established. Therefore, a new medical opinion must be obtained to comply with the Board’s prior remand instructions. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA respiratory conditions examination with a qualified medical professional other than she who conducted the November 2019 examination. The claims file must be reviewed in conjunction with the examination. The examiner must opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s current asthma disability is caused or aggravated by service. The examiner must specifically discuss the December 2018 letter from the Veteran’s private doctor indicating that exposure to tear gas in 2009 may have irritated asthma. 2. Then, readjudicate the remanded issue. If the 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 Nolan, Shane D. 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.