Citation Nr: A25035686 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 241003-481629 DATE: April 17, 2025 REMANDED Entitlement to service connection for a respiratory disorder, to include bronchiectasis and bronchiolitis, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from April 1971 to February 1973, during the Vietnam War Era. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2024 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which in pertinent part, denied service connection for bronchitis. In the October 2024 Board Appeal: Notice of Disagreement, VA Form 10182, the Veteran elected the Direct Review docket. As such, the Board's review is limited to the evidence of record at the time of the decision on appeal (August 29, 2024). The Board cannot consider evidence submitted during the period after the decision on appeal (on or after August 30, 2024). 38 C.F.R. § 20.301. However, because this case is being remanded, any evidence that is not considered by the Board at this time will be considered by the agency of original jurisdiction (AOJ) upon readjudication of this claim. ? As a final initial matter, the Veteran selected the Direct Review docket, and the Board notes that the allotted time to select a different Board review option under 38 C.F.R. § 20.202(c)(2) and Williams v. McDonough, 37 Vet. App. 305 (2024), which allows for a docket switch 60 days from the date of the VA Form 10182 or one year from the agency of original jurisdiction (AOJ) decision, whichever is later, has not elapsed; however, as this case is being remanded, there is no prejudice to the Veteran at this time as this is not a final decision and he will have an option to return to the Board following this remand, with all options again available to him. Thus, there is no prejudice to the Veteran. The Veteran has a current diagnosis of bronchiectasis and bronchiolitis. See June 2024 VA Respiratory Examination. The Veteran was afforded a VA examination and toxic risk exposure activity (TERA) medical opinion in June 2024 in connection with this claim. The Board finds the VA medical opinion inadequate in that the rationale is conclusory and leaves the Board with nothing to evaluate. See Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) (holding a medical opinion must contain clear conclusions with supporting data, and a reasoned medical explanation connecting the two). Moreover, the VA examiner did not provide an opinion as to direct service connection without reference to a TERA, which is important because the Veteran's service treatment records (STRs) show chest pains in service; bronchiectasis is a chronic disease under 38 C.F.R. § 3.309; and the Veteran reported during the June 2024 VA examination that he experienced this condition during service and off and on since that time but was not enrolled at the VA until 2010. As such, a direct service connection opinion should have been provided. Thus, the VA examiner did not address all raised theories of entitlement. See Robinson v. Peake, 21 Vet. App. 545, 552 (2008), aff'd sub nom. Robinson v. Shinseki, 557 F.3d 1355 (Fed. Cir. 2009) (recognizing VA's duty to consider all issues raised either by the claimant or by the evidence of record). As such, remand is required to correct this pre-decisional duty to assist error and to obtain adequate VA opinions for the Veteran's respiratory disorder. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). ? The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate examiner in order to determine whether the Veteran's respiratory disorder is related to military service. The entire claims file, including a copy of this remand, must be made available to and must be reviewed by the examiner. A new examination may be ordered if deemed necessary. After reviewing the claims file, the examiner should state any and all respiratory disorders found, to include bronchiectasis and bronchiolitis. Thereafter, the examiner must then opine whether any identified respiratory disorders began during military service, within one year of discharge therefrom, or is otherwise the result of military service, to include his conceded herbicide agent exposure. In this regard, the examiner is asked to consider total potential exposure through all applicable military deployments and the synergistic, combined effect of all toxic exposure risk activities of the Veteran. In addressing the above, the examiner must address: (i) the May 3, 1972 STRs showing neuromuscular chest pains during service, (ii) the consistent notations of bronchiectasis and chronic bronchitis in the VA treatment records from 2010 to the present day, (iii) the Veteran's lay statements during the June 2024 VA Respiratory Examination that he suffered from these symptoms during service in Vietnam, that he has had these symptoms off and on since that time, and that he did not enroll at the VA until 2010, (iv) the Veteran's TERA memorandum, and (v) any other relevant lay statements of record to include any statements regarding onset of symptomatology and any continuity since onset. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. MARTIN B. PETERS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Garfield, Jeannine F. 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.