Citation Nr: 0810007 Decision Date: 03/26/08 Archive Date: 04/09/08 DOCKET NO. 06-10 210 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to service connection for asthma. REPRESENTATION Appellant represented by: California Department of Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. D. Jackson, Counsel INTRODUCTION The veteran had active military service from October 1981 to September 1986 and from January to June 1991. This case comes to the Board of Veterans' Appeals (Board) on appeal of a rating decision of the Los Angeles, California, Regional Office (RO) of the Department of Veterans Affairs (VA). A hearing was held before the undersigned Veterans Law Judge at the RO in January 2008. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran claims that she should be granted service connection for asthma. She contends that her asthmatic symptoms began during service. She also points out that her service connected sinusitis and seasonal allergies triggers or exacerbates her asthma. Her private physician in March 2006 reported a diagnosis of allergic asthma. An April 2007 VA outpatient report indicates that she received medical care for asthma that was exacerbated by allergy season. In light of her medical history, VA examination and opinion are needed. At her hearing in 2008, the veteran reported that she was initially informed that she had asthma in 1991 or 1992 by physicians at the Sepulveda VA medical facility. She also reported that she is currently receiving VA treatment for asthma. These records should be obtained. It is noted, however, in the alternative, that when seen in 1997 by a private doctor that she did not then have a history of asthma. She did report that allergy testing and treatment has been done in the past. Accordingly, the case is REMANDED for the following action: 1. The RO/AMC should contact the veteran and request her to update the list of the doctors and health care facilities that have treated her for asthma. (A comprehensive VCAA letter should also be sent to the veteran.) If information is provided in sufficient detail, the RO/AMC should make arrangements to obtain all the records of the treatment afforded to the veteran from all the sources listed by her that are not already on file. These records should include records from the Sepulveda VA Medical Center that date from 1991 to the present. All information obtained should be made part of the file. 2. Schedule the veteran for the appropriate examination to determine the nature and etiology of her asthma. The claims folder should be made available to a VA examiner for review. The examiner should provide opinion as to whether the veteran's asthma is at least as likely as not related to her military service (that is, a probability of 50 percent or better), or whether the currently diagnosed asthma is caused or aggravated (permanently made worse) by the veteran's service connected disabilities (including sinusitis and seasonal allergies). See Allen v. Brown, 7 Vet. App. 430 (1995). If this cannot be medically determined without resorting to mere conjecture, this should be commented upon in the report. The rationale for any opinion expressed should be included in the report. 3. After the development requested above has been completed, the RO/AMC should again review the record. If the benefits sought remain denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. 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 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ MICHAEL D. LYON 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) (2007).