Citation Nr: 21032170 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 19-29 083 DATE: May 26, 2021 REMANDED Entitlement to service connection for pulmonary fibrosis, to include as due to herbicide agent exposure is remanded. Entitlement to service connection for left lower extremity neuropathy, to include as due to herbicide agent exposure is remanded. Entitlement to service connection for right lower extremity neuropathy, to include as due to herbicide agent exposure is remanded. REASONS FOR REMAND The Veteran served on active duty for training from September 1966 to October 1966 and on active duty from October 1966 to October 1969 with verified service in the Republic of Vietnam (Vietnam). This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The claims on appeal were previously remanded in October 2019 and September 2020. 1. Entitlement to service connection for pulmonary fibrosis to include as due to herbicide agent exposure is remanded. 2. Entitlement to service connection for left lower extremity neuropathy to include as due to herbicide agent exposure is remanded. 3. Entitlement to service connection for right lower extremity neuropathy, to include as due to herbicide agent exposure is remanded. Regrettably another remand in this matter is necessary since there has not been substantial compliance with the September 2020 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998) (a Board remand confers a right on a claimant to compliance with the remand order). Specifically, the September 2020 remand directed the Agency of Original Jurisdiction (AOJ) to obtain private medical records from Wake Forest Baptist Health. The record reflects that the Veteran provided a release but it was not filled out completely, the address was missing. The AOJ did not inform the Veteran of the missing information. Accordingly, on remand those records should be requested and obtained. The Veteran and his representative are also encouraged to obtain these records and forward them to VA in order to expedite the process. An addendum medical opinion for pulmonary fibrosis was obtained in January 2021. As an initial matter, the September 2020 remand specifically directed that the addendum medical opinion for pulmonary fibrosis be based upon a review of the medical records from the Veteran's treating pulmonologist at Wake Forest Baptist Health, which were not obtained. If additional relevant private treatment records are obtained, an addendum opinion should be requested. The matters are REMANDED for the following action: 1. Appropriate efforts must be made to obtain the Wake Forest Baptist Health records to specifically include the Veteran's private pulmonology records. All actions to obtain the requested records must be fully documented in the claims file. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing. 2. If and only if additional relevant private treatment records are added to the claims file, return the claims file to the examiner who authored the January 2021 opinion regarding the Veteran's pulmonary fibrosis for an addendum opinion. If this examiner is not available, forward the claims file to another clinician with the appropriate expertise. If the examiner determines that a new examination (or telehealth interview, etc., if an in-person examination is not feasible) would be beneficial, one is to be obtained. (Continued on the next page) (a.) The examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's pulmonary fibrosis manifested during, or is the result of, his active service, to include as due to herbicide agent exposure. (b.) In formulating his or her opinion, the examiner should consider and address all competent medical and lay evidence of record, including the Veteran's service treatment records, post-service medical records, and lay statements regarding the onset and continuity of his pulmonary symptomatology. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Alexander 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.