Citation Nr: 22017376
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 16-61 940
DATE: March 24, 2022

REMANDED

Service connection for chronic obstructive pulmonary disease (COPD) is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Navy from August 1966 to July 1969. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In January 2021 and October 2021, the Board remanded this matter for further development.

The Veteran attended a virtual hearing before the undersigned in November 2020.

COPD

Once VA undertakes the effort to provide a medical examination and opinion, it must provide an adequate one.  Barr v. Nicholson, 21 Vet. App. 303, 31112 (2007).  In November 2021, an opinion was obtained as to whether the Veteran's COPD was caused by exposure to herbicide agents.  The physician found that it was less likely than not that the Veteran's COPD was due to exposure to herbicide agents.  However, in providing a rationale for this opinion, the physician only stated that "there lacks support there was any in-service event to cause COPD."  This rationale is conclusory, and as such the Board finds the opinion to be inadequate.  Accordingly, 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 COPD is at least as likely as not related to exposure to herbicide agents, to include Agent Orange.  A complete rational for the opinion must be provided.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.