Citation Nr: 18156926 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 10-45 356 DATE: December 11, 2018 REMANDED Entitlement to a disability rating in excess of 30 percent from March 25, 1999 for service-connected asthma is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1998 to July 1992, to include service in Southwest Asia. His awards and decorations include the Combat Action Ribbon, among others. This matter comes before the Board of Veterans’ Appeals (Board) from a December 1999 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The claim was previously before the Board in June 2016 and February 2017, that latter of which denied the Veteran’s claim for an increased disability rating. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). In July 2018, the Court vacated and remanded the Veteran’s claim back to the Board for readjudication consistent with its decision. The Board notes that the Veteran has perfected an appeal as to the additional claim of service connection for obstructive sleep apnea. As he requested a videoconference hearing in a March 2018 VA Form 9, that issue will be addressed in a separate decision at the completion of hearing proceedings. While the Board regrets further delay, the Veteran’s asthma claim must again be remanded to the Agency of Original Jurisdiction for additional development. Review of the record indicates that additional VA medical treatment records have been added to the file by VA since the last supplemental statement of the case was issued on this claim in August 2016. While the Veteran indicated in October 2018 that he waived any remaining time to submit additional evidence or argument in support of his claim, the readjudication of any additional evidence by the RO in the first instance was not explicitly waived. See 38 U.S.C. § 7105; 38 C.F.R. § 19.31. In addition, while the Veteran was afforded a VA respiratory examination most recently in July 2016, he argues that the examination findings did not include contemporaneous pulmonary function testing (PFT) and were therefore not an accurate representation of the severity of his asthma. The Board notes that the July 2016 examiner opined that previous PFT results in 2011 accurately reflected his current pulmonary function. Further, although the record reflects that the Veteran failed to report for a separately-scheduled PFT test in July 2016, the Veteran asserted in his appeal to the Court that he did not received notice of any separately-scheduled PFT. Thus, while on remand, an additional VA respiratory examination that includes pulmonary function testing should be afforded to the Veteran. The matter is therefore REMANDED for the following actions: 1. Ask the Veteran to identify any remaining outstanding treatment records relevant to his asthma claim. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. After records development is completed, schedule the Veteran for a VA respiratory examination to determine the current symptoms, level of severity, and functional impairment associated with his service-connected asthma. The claims file should be reviewed by the examiner. All necessary tests, including PFT testing, must be performed and the results reported. 3. Review the additional evidence added to the record since the August 2016 supplemental statement of the case and readjudicate the claim on appeal. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Scarduzio, Associate Counsel