Citation Nr: 21030895 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-22 127A DATE: May 19, 2021 REMANDED Service connection for residuals of a lung condition other than bronchial asthma, including bronchitis. REASONS FOR REMAND The Veteran served on active duty from August 1988 to August 1989. The case is on appeal from a May 2014 rating decision. In March 2020, the Veteran testified at a Board hearing. The claim was last before the Board in June 2020. At that time, the Board reopened the claim of service connection for bronchial asthma and remanded the claims of service connection for bronchial asthma and residuals of a lunch condition other than bronchial asthma, including bronchitis, for further development. While the case was in appellate status, the RO granted service connection for bronchial asthma with an evaluation of 10 percent, effective March 8, 2013. Thus, that issue is no longer before the Board. Service connection for residuals of a lung condition other than bronchial asthma, including bronchitis. The Board finds there was not substantial compliance with the Board's June 2020 remand directives where the Board directed the RO to obtain a new VA medical opinion. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board observed that an examination was needed to address the Veteran's 1989 intermittent bronchitis diagnosis and whether he has a residual lung condition or functional impairment related to an in-service injury, disease, or event, given his development of walking pneumonia while in infantry school training, chest x-rays taken during service showing he has scarred lungs, and current impact on his ability to maintain a civilian job as a state trooper. Upon remand, a new VA examination medical opinion was provided in November 2020. The examiner provided "there is no c-file or diagnostic study evidence that the claimant has an ongoing respiratory condition other than the diagnosed asthma condition." Thus, the examiner provided a current diagnosis is not warranted. The examiner's opinion was conclusory, and while it seems to have acknowledged the Veteran had no diagnosis on the date of examination and that the medical records were silent for an ongoing respiratory condition, the examiner failed to address the Veteran's lay assertions regarding his 1989 bronchitis diagnosis, in-service walking pneumonia, in-service chest x-rays showing scarred lungs, and the residual impact or functional impairment caused the Veteran as a result. Accordingly, another VA examination with a medical opinion must be obtained. In light of the remand, updated VA treatment records should be obtained. The matters are REMANDED for the following action: 1. Obtain outstanding VA treatment records dated from January 2021. 2. Thereafter, schedule the Veteran for a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) by a physician to determine the nature and etiology of a respiratory disability, to include bronchitis or lung scarring. Specifically, the examiner should obtain a complete history of the Veteran's respiratory symptoms. Then the examiner should offer an opinion as to whether the Veteran has a current respiratory disability or functional impairment which is at least as likely as not (50 percent or greater probability) related to an in-service injury, event, or disease, to include the Veteran's 1989 intermittent bronchitis diagnosis, in-service walking pneumonia, and/or in-service chest x-rays showing scarred lungs. Consideration should be given to any lay statements provided, including the Veteran's testimony at the March 2020 Board hearing. A complete rationale for all opinions expressed should be provided. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Becton, 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.