Citation Nr: 21040411
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 19-14 817
DATE: July 3, 2021

REMANDED

Service connection for a respiratory disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from May 1965 to May 1967. His decorations include the National Defense Service Medal as well as the Vietnam Service Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from August 2015 and April 2017 rating decisions. The Board remanded the claims in November 2019 to obtain updated medical opinions. 

Unfortunately, there has not been substantial compliance with the Board's previous remand directives. As a result, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). In October 2020, the Veteran underwent a VA examination for his claim. The examiner only opined that it was less likely than not that the Veteran's asthma was incurred in or caused by the respiratory complaints noted in the Veteran's service treatment records. However, this opinion is inadequate as the examiner failed to opine on whether the Veteran's respiratory disorder was caused by the conceded exposure to Agent Orange or herbicide agents as requested in the November 2019 Board remand. As such, a remand is necessary to obtain an addendum opinion

 

The matter is REMANDED for the following action:

Obtain an addendum opinion regarding whether the Veteran's respiratory disease is at least as likely as not (50 percent or greater) related to herbicide exposure from service. The rational for the opinion must be provided.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.