Citation Nr: 1320575	
Decision Date: 06/26/13    Archive Date: 07/05/13

DOCKET NO.  10-23 605	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Petersburg, Florida


THE ISSUE

Entitlement to service connection for an asbestos-related lung disease.  


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

N. Snyder, Counsel







INTRODUCTION

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002). 

The Veteran served on active duty from April 1956 to June 1960.  

This matter comes before the Board of Veterans' Appeals (Board) from a January 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

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

A January 2007 VA computerized tomography (CT) of the chest revealed asbestos-related pleural disease, which the Veteran contends is the result of in-service asbestos exposure.   Although the Veteran's military duties have not been linked to asbestos exposure, based on the Veteran's corroborated history of extra work in the boiler room as punishment and the widespread exposure among Navy veterans, in-service asbestos exposure is assumed.  The record indicates that the Veteran also had significant post-service asbestos exposure, however.  See September 2006 VA treatment record.  Based on the evidence of nonmilitary exposure to asbestos, the Board finds a VA examination with opinion is needed to clarify whether the Veteran has a lung disease due to in-service asbestos exposure.  See 38 U.S.C.A. § 5103A(d).  

Accordingly, the case is REMANDED for the following action:

1. Ensure that all outstanding, relevant VA treatment records are associated with the file.  The record suggests the Veteran has received his treatment through the Bedford, Boston, and West Palm Beach VA Health Care Systems.  If records are not available, the Veteran should be so informed.  

2.  Schedule the Veteran for a VA examination. The medical professional must review all relevant evidence, including those associated with private treatment or contained on Virtual VA.  All appropriate testing, to include CT scan, should be accomplished, and the examiner should identify any respiratory diagnosis and render an opinion as to whether any current respiratory disorder is at least as likely as not related to asbestos exposure during the Veteran's military service. In providing this opinion, the examiner should note the Veteran's occupational exposure to asbestos after separating from military service.  The examiner should address the finding of asbestos-related pleural disease shown on  the January 2007 CT scan, and to the extent his/her opinion/diagnosis differs from this finding, provide reasons for the difference. 

3. Thereafter, the AMC should readjudicate the appellant's claim. If the benefit sought on appeal remains denied, the appellant should be provided a supplemental statement of the case (SSOC). The SSOC must contain notice of all relevant actions taken on the claim for benefits, to include a summary of the evidence and applicable law and regulations considered pertinent to the issue currently on appeal. An appropriate period of time should be allowed for response. 

The appellant 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 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. 2012).



_________________________________________________
KATHLEEN K. GALLAGHER
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) (2012).