Citation Nr: 0509897 Decision Date: 04/05/05 Archive Date: 04/15/05 DOCKET NO. 03-08 427A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUE Entitlement to service connection for asbestosis. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD E. I. Velez Pollack, Associate Counsel INTRODUCTION The veteran had active service from December 1977 to January 1979. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of March 2002 by the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. The RO denied service connection for asbestosis due to asbestos exposure during service. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify you if further action is required on your part. REMAND In this case, the veteran claims that he had asbestos exposure while aboard the USS New Jersey and USS Missouri. In an asbestosis questionnaire filled out by the veteran he stated that, while in service, he worked as a hygiene operator trouble shooting laundry and bath units connected to motor pools; that he worked inside old buildings with pipes with asbestos; that he cleaned the pipes without a mask and breathed the dust sometimes for 3 to 4 hours a day. He also stated that he may have been exposed to asbestos after his service while working as an equipment cleaner in the Naval Shipyard in Long Beach, California. Furthermore, in a Form VA-9 dated in April 2003 the veteran stated that he was exposed to asbestos while stationed at Camp Pendleton with the 7th Engineer Support Company. He stated that he lived in a squad bay that had asbestos and that he was moved to other quarters to prevent further asbestos exposure. VA outpatient medical records dated between January 1998 and March 1999 note that the veteran suffers from asthma. A VA outpatient record of June 1998 noted that the veteran reportedly had contracted asbestosis and COPD in service. VA outpatient records dated between December 2000 to April 2001 note a history of asbestos exposure and treatment for asthma. A neurological consultation report dated in April 2001 from Dr. J. Cooper, from the East Bay Neurology Clinic, noted that the veteran reported suffering from chronic asthma and a reported history of asbestos exposure, and a history of peptic ulcer disease with GI bleeding. The consultation report noted a plan of treatment that included a chest x-ray and pulmonary function study with a follow-up referral to Dr. C. Curry for pulmonary management. Private medical records from May 2001 to July 2002 from the East Bay Neurology Clinic make mention of the pulmonary work-up but do not include records of the work-up. The records also mention that the veteran was being treated by Dr. D. Neff of the Berkley Access Clinic and that copies of the pulmonary work-up had been forwarded to her in October 2001. The Board notes that in a VA Form 21-527, Income Net Worth and Employment Statement, dated in April 2003 the veteran stated that he had been in receipt of Social Security Administration (SSA) benefits since July 1987. In addition the claim file contains a letter from the Social Security Administration (SSA) dated in May 1998, stating that the veteran had requested disability for, among other things, asbestosis, and requesting from the VA all medical evidence in their possession associated with the veteran's medical treatment. It is possible that the SSA in adjudicating disability benefits developed additional medical evidence. However, no SSA records have been associated with the claim file. Finally, the Board notes that in denying the veteran's claim the RO stated that had the veteran been assigned to either the USS New Jersey or the USS Missouri, he would have been exposed to asbestos but that there was no evidence that the veteran had been assigned to either ship. Of record is a chronological record of assignments. No other service personnel records have been associated with the claim file. In compliance with the Veterans Claims Assistance Act of 2000 (VCAA), the Board finds that the RO should further develop this case. The RO should attempt to verify the veteran's in- service alleged occupational exposure to asbestos. The RO should request the records of the pulmonary work-up done by Dr. J. Cooper and any treatment records available from Dr. D. Neff. Finally, the RO should request records from the SSA. The veteran is hereby informed that if there is evidence supporting the issue on appeal, he must submit that evidence to VA. Accordingly, this matter is REMANDED for the following actions: 1. The RO should attempt to verify the veteran's in-service alleged occupational exposure to asbestos by requesting all personnel records. 2. The RO should contact Dr. J. Cooper and request any medical records associated with the veteran's pulmonary work-up. 3. The RO should contact Dr. Dina Neff and request any medical records associated with the veteran's treatment. 4. The RO should contact the Social Security Administration and request all pertinent documentation pertaining to any claim for disability benefits by the veteran including any medical records that Social Security has regarding the veteran. These records should be associated with the claims file. If upon completion of the above action the claim remains denied, the case should be returned to the Board after compliance with requisite appellate procedures. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, § 707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38 U.S.C. §§ 5109B, 7112). _________________________________________________ H. N. SCHWARTZ Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2004).