Citation Nr: 18143983 Decision Date: 10/23/18 Archive Date: 10/22/18 DOCKET NO. 12-04 949A DATE: October 23, 2018 REMANDED Entitlement to service connection for a respiratory disorder, other than asbestosis, is remanded. Entitlement to service connection for a rating in excess of 10 percent for asbestosis is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU). REASONS FOR REMAND The Veteran served on active duty from August 1955 to May 1959. 1. Service connection for a respiratory disorder, other than asbestosis The Veteran contends that his current respiratory disorders, to include chronic obstructive pulmonary disorder (COPD), are caused by his service or his service-connected asbestosis. To date, an opinion has not been obtained as to whether the Veteran’s COPD is etiologically related to the Veteran’s reports of experiencing either chronic bronchitis or pneumonia while in service. To that extent, the service treatment records reflect that in November 1955, the Veteran was seen for a mild non-productive cough. In September 1957, the Veteran was seen for a productive cough, as well as chills, sore throat, and nasal congestion. In February 1959, he was noted to have a cough. The Veteran contends that he experienced respiratory symptoms following separation from service, and that his exposure to asbestos, radiation (by working as a radioman), and cleaning solvents while in service caused or aggravated his respiratory symptoms, by weakening this system, leading to his current COPD. An opinion on this matter should be obtained. Furthermore, there is ongoing confusion as to whether the Veteran suffers from asbestosis. The Veteran was diagnosed with asbestosis on March 2010 VA examination, and continues to carry a diagnosis of asbestosis in the VA treatment records, including up to 2016. However, on VA examinations in June 2012, with an addendum in July 2012, and in November 2014 and April 2018, VA examiners determined that the Veteran absolutely does not suffer from asbestosis or an asbestos-related disability. Still, in August 2018, the Veteran submitted a private medical opinion stating that a finding of atelectasis on chest x-ray might show the presence of asbestosis. The Board finds that further clarification is necessary on this matter. 2. Increased rating for asbestosis and TDIU Given the above development and possible testing involved, the Board finds that these issues are intertwined with the development of the claim for service connection for a respiratory disorder other than asbestosis. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the etiology of his current respiratory disorders. The examiner must opine whether any current respiratory disorder, to include COPD, is at least as likely as not related to an in-service injury, event, or disease, including treatment in November 1955 for a mild non-productive cough, treatment in September 1957 for a productive cough, (as well as chills, sore throat, and nasal congestion), and treatment in February 1959 for a cough, as well as exposure to possible asbestos, radiation working as a radioman, and cleaning solvents while in service. The examiner should consider the Veteran’s report of experiencing respiratory symptoms chronically in service and since service. The examiner should also clearly determine whether the Veteran suffers from an asbestos-related respiratory disorder. If the examiner finds that the Veteran does not suffer from an asbestos-related lung disorder, the examiner should address whether a showing of atelectasis on March 2010 chest x-ray demonstrates possible latent asbestosis. The examiner should discuss the March 2010 VA examination diagnosing asbestosis and the ongoing diagnosis of this condition in the VA treatment records, as well as the January 2010 and March 2012 private opinions diagnosing possible asbestosis and asbestos-related pleural disease. If the Veteran does suffer from an asbestos-related respiratory disorder, provide an opinion as to whether such disorder caused or aggravated any other respiratory disorder, to include COPD. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Erdheim, Counsel