Citation Nr: 0813699 Decision Date: 04/25/08 Archive Date: 05/01/08 DOCKET NO. 05-35 757 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUE Entitlement to an increased rating for pulmonary fibrosis, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Georgia Department of Veterans Services ATTORNEY FOR THE BOARD Amy M. Smith, Associate Counsel INTRODUCTION The veteran served on active duty from September 1988 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from the Department of Veterans Affairs Regional Office (RO) in Atlanta, Georgia. The veteran's claim for an increased rating for pulmonary fibrosis 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 record shows the veteran was examined for VA purposes in connection with this claim in November 2003, more than 4 years ago. In his September 2005, substantive appeal, the veteran indicated his condition had worsened, (although other records indicate the veteran has multiple respiratory problems). In view of this, a more current evaluation should be conducted to ascertain the impairment attributable to service connected disability. In addition, the record does not make clear where and when the veteran has been treated for his pulmonary condition. Only recently have VA records dating as far back as 1992 been associated with the file, together with private records dating from 1998. Another attempt to obtain relevant records of treatment should be undertaken. Accordingly, the case is REMANDED for the following action: 1. The veteran should be asked to identify all places at which he has received treatment for respiratory disability since his discharge from service. Thereafter, the RO should attempt to obtain copies of the identified records. In any event, the RO should attempt to obtain copies of all records of respiratory treatment at the Atlanta VA Medical Center since May 1992. 2. Thereafter, the veteran should be scheduled for a VA respiratory examination to determine the impairment caused by his service connected pulmonary fibrosis. The claims folder should be made available to the examiner in conjunction with the examination. In addition, the examiner is asked to identify all respiratory disability found to be present, and to the extent possible, distinguish between any symptoms that may be due to respiratory disorder other than pulmonary fibrosis. The examiner also is requested to set forth pulmonary function test results. If Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) is not performed, the examiner should state why the test would not be useful or valid as required by 38 C.F.R. § 4.96. A complete rationale should be provided for all opinions expressed. 3. Following completion of the above, the RO should again review the record. If any benefit sought on appeal remains denied, the veteran and his representative should be furnished a supplemental statement of the case and given an opportunity to respond thereto. The veteran has the right to submit additional evidence and argument on the matter 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 or by the United States Court of Appeals for Veterans Claims (Court) 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 E. KILCOYNE Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court. 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).