Citation Nr: 22016256 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 16-20 140 DATE: March 21, 2022 REMANDED Entitlement to service connection for a respiratory disorder, to include chronic obstructive pulmonary disease (COPD), is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1982 to December 1989, to include two years of foreign service. For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation Medal and the Army Achievement Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in July 2014 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in March 2019. A transcript of the hearing is of record. This matter was previously remanded by the Board in July 2019, September 2020, and July 2021. The Board finds that there has been substantial compliance with previous Board remand directives. However, for reasons stated herein, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to service connection for a respiratory disorder, to include chronic obstructive pulmonary disease (COPD) is remanded. The Veteran asserts he is entitled to service connection for a respiratory disorder, to include COPD. In the previous July 2021 Board decision, this matter was remanded for the purpose of obtaining a new VA examination and medical opinion clarifying a diagnosis for the Veteran's respiratory disorder; and to obtain a medical opinion from a pulmonologist concerning whether the Veteran's respiratory condition was related to his military service, to include a diagnosis of bronchitis, exposure to Agent GB, exposure to chemicals and solvents related to his MOS, and exposure to dust or residue left from firearms and ammunition. The Veteran underwent a new VA examination in October 2021. The examiner determined that the Veteran did not have a respiratory disorder, to include COPD. The examiner explained that according to up-to-date medical guidelines (GOLD: Global initiative for Chronic Obstructive Lung Disease), the Veteran's PFT results from September 1986, March 1987, May 2014, December 2019, and August 2021 all reveal that the Veteran does not have COPD. A medical opinion from a VA pulmonologist was submitted in November 2021. The pulmonologist opined that it is less likely than not that the Veteran's respiratory disorder, to include COPD, is related to his military service, including a diagnosis of bronchitis. The pulmonologist explained that the Veteran has no PFT or radiographic findings consistent with COPD. However, the pulmonologist then stated that the Veteran has recurrent chronic bronchitis which is related to prior smoking history and service connected exposure to Agent GB, exposure to chemicals and solvents as related to his MOS, and exposure to dust or residue left from firearms and ammunition. The Board finds the opinion of the pulmonologist to be contradictory. Here, the pulmonologist stated that the Veteran's respiratory disorder was not related to service, and then subsequently stated that the Veteran's recurrent bronchitis was related to service connected exposures. Consequently, a new remand is required for clarification of the pulmonologist's statements. The matters are REMANDED for the following action: Obtain an addendum opinion from the pulmonologist that provided the November 2021 medical opinion (or, if that examiner is not available, from any qualified examiner) clarifying whether the Veteran has a respiratory disorder and, if so, if his respiratory disorder is related to his military service. A complete rationale must be provided for the opinion requested by the Board. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. K. Hall, 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.