Citation Nr: 18154055
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 16-51 074
DATE:	November 29, 2018
REMANDED
Entitlement to service connection for asthma, to include as due to exposure to asbestos, is remanded.
REASONS FOR REMAND
The Veteran had active service from February 1967 to September 1969.
On August 16, 2018, the Federal Circuit ordered the appeal of Procopio v. Wilkie, No. 17-1821 (U.S. Fed. Cir.).  The order stated that the questions before the Federal Circuit include the following: “Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of Vietnam, regardless of whether such service included presence on or within the landmass of the Republic of Vietnam?” As of the date of this decision, Procopio is pending.  As the issue of service connection for a skin disability may be affected by the resolution of Procopio, the Board will “stay” or postpone action on this matter.
Service connection for asthma, to include as due to asbestos exposure
The Veteran contends that his asthma was incurred in service.  Specifically, he maintains that while on active duty he was stationed aboard the USS Coral Sea as an aviation storekeeper.  Although the military occupational specialty of aviation storekeeper has a minimal probability of asbestos exposure, the Veteran also reported that steam pipes, which ran through sleeping quarters, were wrapped with asbestos.  He said that asbestos flaked onto his blankets and pillow. See November 2015 Correspondence.  He further states that he received letters after service (which he says he did not keep) stating that he was exposed asbestos aboard the ship.  The Veteran has also generally claimed that his asthma was caused by other “contaminants” aboard ship.  He has since developed asthma.
The Veteran has not been afforded a VA examination with respect to this issue.  The Board finds that whether asthma may result from exposure to asbestos or other contaminants is a medical determination, and because no medical professional has addressed the etiology of the Veteran’s asthma, the Board finds it necessary to obtain a medical examination and opinion in connection with the claim of service connection for asthma.  See 38 U.S.C. § 5103A(d).
The matters are REMANDED for the following action:
1. Obtain any outstanding VA treatment records.
2.  Schedule the Veteran for a VA examination to assess the nature and etiology of his asthma.  All necessary testing should be conducted.  Then, the examiner should 
 
opine whether it is as least as likely as not (50 percent probability or more) that the Veteran’s asthma had its onset in or is otherwise related to the Veteran’s active duty service, to include any exposure to asbestos or other contaminants.   
 
J.N. MOATS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Polly Johnson, Associate Counsel