Citation Nr: 21030352 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 13-15 184 DATE: May 18, 2021 REMANDED Entitlement to service connection for a respiratory disorder, to include asthma, chronic bronchitis, and reactive airway disease, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1980 to November 1984. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2016, the Veteran testified at a Board videoconference hearing before the undersigned. A copy of the transcript of that hearing has been associated with the claims file. By way of background, this matter was initially before the Board in September 2016 and December 2017, when it was remanded for additional development. See September 2016 Remand BVA or CAVC; December 2017 BVA Decision. Thereafter, in a March 2020 decision, the Board, in pertinent part, denied the Veteran's claim, and the Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). See March 2020 BVA Decision. In December 2020, the Court granted the parties' Joint Motion for Partial Remand (JMPR), which vacated the portion of the Board's decision that denied entitlement to a respiratory disorder and remanded the matter for readjudication. See December 2020 CAVC Decision. Entitlement to service connection for a respiratory disorder, to include asthma, chronic bronchitis, and reactive airway disease, is remanded. In the December 2020 JMPR, the Court found that the Board erred in relying on an April 2019 VA medical opinion to adjudicate the claim. Specifically, in the March 2020 decision, the Board relied on an April 2019 medical opinion that was based, in part, on evidence that the Veteran was unsound when he entered service, despite finding that the presumption of soundness attached to the Veteran's claim. See December 2020 CAVC Decision. As stated above, after performing an examination and reviewing the evidence of record, the April 2019 VA examiner opined that it was less likely than not that the Veteran's respiratory disorder was incurred in or caused by the claimed in-service injury, event, or illness. In support of her opinion, the examiner noted that it would be "far-fetched" to find that the Veteran's reactive airway disease was caused by an October 1981 incident, wherein a non-commissioned officer yelled at the Veteran, and that his history of asthma-like during childhood symptoms also made such a connection unlikely. However, the VA examiner did not provide an explanation or rationale to support either of the aforementioned findings. See April 2019 C&P examination. Based on the foregoing, the Board finds that a remand is necessary to obtain an addendum medical opinion to evaluate the nature and etiology of the Veteran's claimed respiratory disorder. The matter is REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran's VA treatment facilities, and all private treatment records from the Veteran not already associated with the file. 2. After completion of the above development, obtain an addendum opinion by an appropriate examiner to determine the nature and etiology of any diagnosed respiratory disorders, to include asthma, chronic bronchitis, and reactive airway disease. It is up to the discretion of the examiner as to whether an in-person examination is necessary. The examiner should provide the following opinions: (a.) The examiner should identify all current diagnoses pertinent to the Veteran's claimed respiratory disorder. By "current disability" the Board means: (1) any disability diagnosed by the examiner; (2) any relevant diagnosis during the appeal period (beginning on December 23, 2009); and/or (3) symptoms resulting in functional impairment but not otherwise warranting a specific diagnosis. If the examiner determines that any prior diagnoses are incorrect, he or she should provide an explanation for why the diagnosis was in error. (b.) For each diagnosed respiratory disorder, the examiner should offer an opinion as to whether it is at least as likely as not (50 percent or greater probability) that such disorder is etiologically related to the Veteran's active duty service, to include as due to stress associated with being awakened by a non-commissioned officer after he fell asleep during guard duty and bringing in new warheads and crawling through a field that had been recently sprayed with manure. Please explain why or why not. The examiner is advised that the Veteran is presumed sound upon his entrance into service as to respiratory disorders, despite his reported history of asthma during childhood, and an opinion stating that a respiratory disorder preexisted service is inadequate. Reasons should be provided for any opinion rendered. If the examiner is unable to provide an opinion without resort to speculation, an explanation as to why this is so should be provided and any additional evidence that would be necessary before an opinion could be rendered should be identified. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Justis, 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.