Citation Nr: 18156449
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 16-46 442
DATE:	December 11, 2018
REMANDED
Entitlement to service connection for a lung condition, claimed as chronic obstructive pulmonary disease (COPD), to include as due to fire pit exposure or asbestos exposure, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1980 to June 2000.
1. Entitlement to service connection for COPD is remanded.
Upon review of the record, the Board finds that the issue must be remanded.  The Board sincerely regrets the additional delay caused by this remand, but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claim.
The Board finds that a new VA examination and opinion is warranted for the Veteran’s claim, as the record does not contain an adequate etiology opinion.  The Veteran’s lung condition was examined in August 2015 and July 2016.  During the August 2015 examination, the examiner did not opine as to whether the Veteran’s condition was related to asbestos exposure.  During the July 2016 examination, the examiner did not opine as to whether the Veteran’s condition was related to oil fire exposure, nor did the examiner opine as to whether the Veteran’s pre-existing lung condition (noted at service entry) increased in severity during service.    
The matter is REMANDED for the following action:
1. Assist the Veteran in associating with the claims folder updated treatment records
2. After any additional records are associated with the claims file, schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran’s lung condition.
The claims file should be made available to the examiner for review in connection with the examination.  Based on review of the record and examination of the Veteran, and after eliciting a detailed history of the Veteran’s condition from the Veteran, the examiner should respond to the following: 
3. Is it at least as likely as not (50 percent probability or greater) that the Veteran’s pre-existing lung condition (noted at service entry) increased in severity during service?  The examiner is asked to consider the full record.  
a)	If the pre-existing lung condition increased in severity during service, is it clear and unmistakable (undebatable) that the pre-service lung condition WAS NOT aggravated beyond its natural progress by service?
b)	Provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any lung condition is related to ANY injury, disease or event, to include fire pit and asbestos exposure, during the Veteran’s active service.
The term “aggravation” means an increase in the claimed disability; that is, a worsening of the condition beyond the natural clinical course and character of the condition due to the service-connected disability as contrasted to a temporary worsening of symptoms.
The examiner must provide the rationale for all proffered opinions.  If the examiner is unable to provide any required opinion, he or she should explain why.  If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so.  If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed.
 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Gandhi, Associate Counsel