Citation Nr: 0813109 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 06-38 793 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to service connection for asthma. REPRESENTATION Appellant represented by: Brooks McDaniel, Agent WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. D. Jackson, Counsel INTRODUCTION The veteran served on active duty for training (ACDUTRA) from January 8, to July 7, 1961; Army Reserve duty from July 8, 1961 to September 3, 1962 and August 25, to October 23, 1964; and active military service from September 4, 1962 to August 24, 1964, and October 28, 1964 to November 30, 1982. This case comes to the Board of Veterans' Appeals (Board) on appeal of a rating decision of the Roanoke, Virginia, Regional Office (RO) of the Department of Veterans Affairs (VA). A hearing was held before the undersigned Veterans Law Judge at the RO in February 2008. The veteran's agent referred to several issues while presenting testimony at the hearing, which included service connection for chronic obstructive pulmonary disease (COPD) to include secondary to Agent Orange, service connection for a liver disorder, and an increased rating for posttraumatic stress disorder (PTSD). If appellant or his agent desires to file claims for service connection for COPD, service connection for a liver disorder, and an increased rating for PTSD, they should do so with specificity at the RO. 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 he should be granted service connection for asthma. He contends that his asthmatic symptoms began during service. Service medical records show that the veteran received treatment for respiratory related complaints. In April 1978, he reported a history of shortness of breath; expiratory wheezes were noted at his separation examination in September 1982; and a November 1982 clinical note includes a diagnosis of asthma. The veteran reported that he continued to receive treatment subsequent to service discharge. A VA examination of March 1984 noted right apical medial pleural thickening on chest X-ray. A history of emphysema was noted on the form requesting the X- ray. A VA examination was conducted in March 2006. The examiner did not have the veteran's claims file. A chest X-ray noted a chronic interstitial lung disease pattern. Evidence of obstructive lung disease was noted. The nurse practitioner indicated that there was no asthma and diagnosed chronic obstructive pulmonary disease (COPD). However, she also reported that asthma was a problem associated with the diagnosis. The record is not clear regarding a current diagnosis of asthma. The Board notes that the RO scheduled the veteran for an October 2006 VA examination, however, he failed to report. At his hearing he indicated his willingness to report for examination. The veteran's agent requested examination by a pulmonary specialist. In light of his medical history, VA examination and opinion are needed. As noted above, the veteran reported that he received private medical care for asthma following his discharge from service. The RO/AMC should provide assistance to the veteran in obtaining these records, to the extent possible. The claims file indicates that an informal hearing was held before the Decision Review Officer (DRO) at the RO in October 2006. No memo or other document is on file concerning the discussion. If possible, the RO should include a copy of the notes of any discussion held, if such exists. Accordingly, the case is REMANDED for the following action: 1. The RO/AMC should contact the veteran and request him to update the list of the doctors and health care facilities that have treated him for asthma. 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 him that are not already on file. The RO/AMC should also obtain a copy of the informal hearing conducted by the DRO. All information obtained should be made part of the file. 2. The RO/AMC should ascertain whether any notes exist of the informal hearing conducted at the RO. If so, a copy of those notes should be added to the claims file. If there are no such notes, the claims file should be annotated to that effect. 3. Schedule the veteran for the appropriate examination to determine the nature and etiology of his asthma. The claims folder should be made available to a VA examiner for review. The examiner should provide opinion as to whether the veteran currently has asthma, and if so, whether asthma is at least as likely as not related to his military service (that is, a probability of 50 percent or better). 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. 4. 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 agent 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).