Citation Nr: 18156172 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 14-28 681 DATE: December 7, 2018 REMANDED Entitlement to an initial compensable rating for service-connected chronic allergic rhinitis, claimed as allergies, is remanded. Entitlement to service connection for asthma is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2003 to November 2003, September 2004 to November 2005, and from February 2008 to March 2009. In November 2018, the Veteran appeared before the undersigned Veterans Law Judge at a travel board hearing. 1. Entitlement to an initial compensable rating for service-connected chronic allergic rhinitis, claimed as allergies, is remanded. 2. Entitlement to service connection for asthma is remanded. The Board finds that additional development is needed prior to final adjudication of the issues on appeal. First, based on statements made at the November 2018 travel board hearing, the Board finds that there are outstanding VA treatment records that must be obtained and associated with the claim file. In addition, new VA examinations are needed. Regarding the Veteran’s service-connected chronic allergic rhinitis, at the hearing, the Veteran indicated that his symptoms have worsened. Under these circumstances, VA cannot rate the service-connected disability without further medical clarification. Hence, the Veteran is entitled to a new VA examination. See, e.g., Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). Regarding the claimed asthma disability, the Veteran’s treatment records reflect an asthma diagnosis. See Private treatment record, May 2015. As the examiner at the May 2011 VA examination reported that there was no evidence of asthma, the Board finds that the Veteran should be afforded a new examination. The Board requests a nexus opinion that addresses a possible connection between the Veteran’s diagnosed asthma and service. In particular, the Board asks that the examiner address the Veteran’s contentions of exposure to burn pits and desert dust while deployed. Further, there appears to be a request for the Veteran’s claim file, submitted by the Veteran’s representative in January 2014. To the extent that this request has not been fulfilled, it should be addressed. Finally, records in Spanish have been added since the most recent translation submission. Any documents in the file that have not been translated, should be translated. The matters are REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issues on appeal. All efforts to obtain these records should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. Further, there appears to be a request for the Veteran’s claim file, submitted by the Veteran’s representative in January 2014. To the extent that this request has not been fulfilled, it should be addressed. In addition, records in Spanish have been added since the most recent translation submission. Any documents in the file that have not been translated, should be translated. 2. Upon completion of the above, schedule the Veteran the following VA examinations: (a) A VA examination in order to assess the current severity of the Veteran’s service-connected chronic allergic rhinitis, claimed as allergies. (b) A VA to address the etiology of the Veteran’s diagnosed asthma. The examiner is asked to address whether it is at least as likely as not (i.e., a 50 percent or greater probability) that it was caused by the Veteran’s active duty service or, if preexisting service, was aggravated therein. The examiner is asked to specifically address: (1) the May 2011 VA examination, which reported that there was no evidence of asthma; and (2) the Veteran’s contentions of exposure to burn pits and desert dust while deployed. For all examinations, all necessary development should be taken. The VA examiner should be given access to the claim file. The examiner should state that a review of the claim file was completed. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. A detailed rationale is requested for all opinions provided. 3. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Foster, Associate Counsel