Citation Nr: 21026768 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 16-25 641 DATE: May 3, 2021 REMANDED Entitlement to service connection for a left lung disability and biopsy, to include as due to exposure to herbicide agents, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1967 to November 1969, with service in the Republic of Vietnam. This case comes before the Board of Veterans' Appeals (Board) on appeal of a September 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). When this case was last before the Board in January 2020, it was remanded for additional development. The case has now been returned to the Board for further appellate consideration. Although further delay is regrettable, the Board finds that a remand for additional development is required before the Veteran's remaining claim can be decided. The Veteran's treatment records indicate he has regular treatment with a private pulmonary specialist. See Capri records, received September 2015. The Veteran provided some treatment records, which include the specialist's name and address. The records do not include the Veteran's biopsy results and only reflect treatment from 2013 through 2015. Unfortunately, no attempt was made to retrieve these medical records by the RO, nor is a VA Form 21-4142, Authorization for Release of Information, included in the record. 38 C.F.R. § 3.159(c)(1). The Veteran was afforded a VA examination in January 2020. The examiner opined the Veteran's lung disability was less likely than not incurred in service, to include herbicide agent exposure. The examiner stated the likelihood of exposure to herbicide agents noted is minimal; however, she does not provide a rationale for this opinion. She further stated there is a lack of medical literature establishing COPD/left lung mass as being caused by herbicide exposure; however, the examiner does not address the Veteran's military service treatment records, specifically his separation examination which notes shortness of breath in proffering this opinion. This matter is REMANDED for the following action: 1. Contact the Veteran and request he provide a completed VA Form 21-4142, Authorization for Release of Information, for all available private medical treatment records. Make two written requests for any authorized records unless it is clear from the first request that further attempts to obtain the records would be futile. 2. Forward the Veteran's entire claims file to a qualified VA examiner for an opinion regarding the etiology of his claimed lung disability. If the examiner determines an additional examination is necessary, such an examination should be scheduled. Following a review of the relevant records and lay statements, and an additional examination, if necessary, the examiner should state whether it is at least as likely as not (50 percent probability or greater) that the Veteran's lung disability is causally or etiologically related to the Veteran's military service, to include in service herbicide exposure. In providing his or her opinion the examiner should address the following: a. The Veteran's separation examination indicating shortness of breath. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue of entitlement to service connection for a left lung disability. If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. B. G. LeMoine Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Townsend, 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.