Citation Nr: 21040685
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 16-16 625
DATE: July 6, 2021

REMANDED

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1983 to October 1986.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

In March 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the record. In August 2019 and October 2020, the Board remanded the case for additional development and it now returns for further appellate review. 

Entitlement to service connection for COPD.

As relevant, the Board remanded the above issue in October 2020 in order to obtain an adequate opinion regarding whether the Veteran's COPD was due to her military service. In this regard, the Board noted that the Veteran stated that she saw a physician several times for a respiratory infection while in service. Her STRs show that she was treated for symptoms of upper respiratory infection, including a cough, in January 1985. Additionally, she submitted a buddy statement which stated that the struggled to do the physical training because of shortness of breath. As such, the Board found that the February 2016 and February 2020 VA examiners did not consider the Veteran's reports of symptomatology that she noticed during and since service. Therefore, the opinions were inadequate to decide the Veteran's claim and an addendum opinion was required.

In accordance with the October 2020 Board remand, an addendum opinion was obtained in April 2021. At such time, the examiner concurred with the 2016 opinion that it was less likely than not the Veteran's COPD had its onset in, or is otherwise related to, her military service, to include her in-service duties. As rationale, the examiner used the rationale from the 2016 opinion that was previously found to be inadequate to decide the Veteran's claim. Consequently, the Board finds that an additional remand is warranted, and the VA examiner must provide responses to the remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Return the record to an appropriate VA examiner in order to provide an opinion for the Veteran's COPD. The claims file and this Remand should be reviewed by the examiner. The need for an additional examination of the Veteran is left to the discretion of the clinician selected to write the addendum opinion. 

Following a review of the record, please address the following inquiry:

(A) Is it at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's COPD had its onset in, or is otherwise related to, her military service, to include her in-service duties?

In offering such opinion, the examiner should consider the Veteran's report that she was exposed to cleaning solvents, and/or asbestos, during service. She maintains that she was treated for upper respiratory infections during service; and that she has been (and continues to be) treated by private physicians for COPD since service. Her STRs show that she was treated for symptoms of upper respiratory infection, including a cough, in January 1985. Additionally, she submitted a buddy statement which stated that she struggled to do the physical training because of shortness of breath. 

The examiner is advised that the basis of negative opinion cannot be that the Veteran did not have reports of COPD during service.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Brennae L. Brooks, 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.