Citation Nr: 21031122 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 18-06 683 DATE: May 20, 2021 REMANDED Entitlement to service connection for chronic bronchitis, claimed as pneumonia, is remanded. Entitlement to service connection for emphysema is remanded. Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1952 to October 1954. This matter comes before the Board of Veterans' Appeals (Board) from an August 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). A hearing was held in this matter before the undersigned Veterans Law Judge (VLJ) in May 2019, and a transcript has been associated with the record. The matter was previously remanded by the Board for additional development in a January 2020 decision and has now returned for further appellate review. Entitlement to service connection for chronic bronchitis, claimed as pneumonia, emphysema, and COPD is remanded. While additional delay is unfortunate, the Board finds further development is required before the Veteran's claim can be decided. Initially, the Board notes that a remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Pursuant to the January 2020 remand decision, the Veteran received a VA examination in February 2020 regarding the nature and etiology of his claimed lung conditions, as described above. In the January 2020 remand decision, the examiner was requested to review the file in its entirety and consider all lay statements of record in formulating an opinion regarding whether it is at least as likely as not that the Veteran's claimed lung conditions are etiologically related to active duty service. The Board observes that the examiner did not address nor discuss the credible Veteran's lay statements of record, notably those discussed in the May 2019 hearing transcript regarding in-service treatment and diagnosis for chronic bronchitis, in-service exposure to cold and damp weather, or post-service symptomatology and treatment. Accordingly, the Board finds that this examination is inadequate for determining entitlement to service connection and that remand is warranted to obtain a new medical opinion. The matters are REMANDED for the following action: Obtain a new VA medical opinion from an examiner of appropriate expertise to determine whether it is at least as likely as not (50 percent probability or greater) that the Veteran's currently diagnosed lung conditions, variously claimed as chronic bronchitis, emphysema, and COPD, are related to his in-service diagnosis of chronic bronchitis and repeated hospitalizations for pneumonia. The examiner should review the file and consider the lay statements of record. The examiner should specifically discuss the lay statements regarding in-service treatment and diagnosis for chronic bronchitis, in-service exposure to cold and damp weather, or post-service symptomatology and treatment as noted in the May 2019 hearing transcript. A detailed rationale for the opinion must be provided. If the examiner is unable to offer the requested opinion, it is essential that the examiner offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Gorum, 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.