Citation Nr: 18157319
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 16-21 865
DATE:	December 12, 2018
REMANDED
Entitlement to service connection for a respiratory disorder, to include asbestosis, is remanded.  
REASONS FOR REMAND
The Veteran served on active duty from February 1953 to December 1954.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).
This case was previously before the Board in March 2018.  The claim was remanded, in part, to develop for outstanding non-VA health care provider records.  The remand order directed the RO to send a letter to the Veteran to request that he identify all non-VA health care providers that have treated him for his claimed asbestosis.  After obtaining the appropriate release information, the RO was directed to procure and associate these records with the claims file.  
In August 2018, The RO sent the Veteran a letter requesting he identify any non-VA providers and return the enclosed VA Form 21-4142.  In September 2018, the Veteran returned the VA Form 21-4142 and identified three non-VA providers.  However, after obtaining the completed VA Form 21-4142, the RO did not attempt to obtain records from these providers.  As such, remand is necessary for compliance with the March 2018 Board remand.  
The matter is REMANDED for the following action:
1. The RO should attempt to procure and associate with the claims folder copies of records from Pulmonology and Critical Care Physicians in Canton, Ohio, Doctors Hospital in Massillon, Ohio, and Dr. Green in Pittsburg, Pennsylvania.  If any requested records are not available, or if the search for any such records otherwise yields negative results, that fact should clearly be documented in the claims file, and the Veteran informed in writing. The Veteran may submit medical records directly to VA.
2. If additional records are received, the RO should obtain a supplemental opinion from the VA examiner who previously examined the Veteran in September 2018, if possible.  The examiner must express an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s asbestosis, or any other diagnosed respiratory disorder, had its clinical onset in service or is otherwise related to the Veteran’s military service, to include his reported asbestos exposure.  If the examiner finds that the Veteran’s disability is not related to his service, then they must provide a complete rationale upon which their opinion is based, and must include a discussion of the medical principles as applied to the medical evidence and facts used in establishing their opinion.
If the examiner determines that they cannot provide an opinion without resorting to speculation, the examiner should explain the inability to provide an opinion, identifying precisely what facts could not be determined. In particular, the examiner should comment on whether an opinion could not be provided because the limits of medical knowledge have been exhausted or whether additional testing or information could be obtained that would lead to a conclusive opinion.
 
JAMES G. REINHART
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Norah Patrick, Associate Counsel