Citation Nr: 18157409 Decision Date: 12/12/18 Archive Date: 12/12/18 DOCKET NO. 14-32 249 DATE: December 12, 2018 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD) claimed as due to in-service asbestos exposure is remanded. Entitlement to service connection for a skin condition is remanded. Entitlement to service connection for left carpal tunnel syndrome, status post release surgery is remanded. REASONS FOR REMAND The Veteran had active military service in the U.S. Navy from July 1963 to June 1967. Remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2017). 1. Entitlement to service connection for COPD claimed as due to in-service asbestos exposure is remanded. The Board notes that the Veteran has an active diagnosis of COPD, and an allegation that he was exposed to asbestos while serving aboard the U.S.S. Princeton. While the Veteran underwent a VA respiratory examination in 2012, the examiner only addressed any connection the Veteran’s 1964 diagnosis of acute pharyngitis had on his current lung condition. Thus, a VA examination should be sought addressing all of the Veteran’s contentions. As such, the Veteran should be afforded a VA examination in connection with this claim. See McLendon v. Nicholson, 20 Vet. App. 79 (2006); 38 U.S.C. § 5103A (d)(1); 38 C.F.R. § 3.159(c)(4) (holding, in relevant part, that in order to trigger VA’s duty to provide an examination or obtain an opinion, there must be insufficient evidence to decide the case); see also 38 C.F.R. § 3.159(c)(4). 2. Entitlement to service connection for a skin condition is remanded. The Veteran contends that during the last two years of service he experienced skin issues described as flaky skin, which he was provided with baking powder to use, and eventually given a topical cream. Further, he contends that since his period of active service the symptoms have persisted as he reported experiencing daily flare ups of skin issues at his May 2017 hearing. Thus, the Board finds that the Veteran should be offered an etiological opinion to determine the nature and cause of his claimed condition. 3. Entitlement to service connection for left carpal tunnel syndrome, status post release surgery is remanded. The Veteran testified at his Board hearing that the symptoms associated with his carpal tunnel syndrome began approximately six-months after service due to his consistent work on helicopter carriers taking tiedowns on and off. Additionally, the Veteran reported a worsening of his condition due to overcompensation after he underwent surgery for his service-connected right wrist condition. In connection with the claim, the Veteran underwent VA examination in April 2015, which revealed a current diagnosis of carpal metacarpal arthritis of the left hand. The examiner noted the Veteran’s treatment of his right wrist as early as the 1960’s but disregarded the Veteran’s lay testimony regarding the onset of his left wrist condition in determining that his claimed condition is less likely related to service, solely due to the lack of documentation of complaints until forty-seven years later. The Board finds the Veteran’s testimony to be competent and credible regarding the onset of symptoms of his claimed left wrist condition, especially in light of reports of continuity of symptoms within the Veteran’s private treatment records. Thus, an additional examination is warranted to consider his lay statements in providing an etiological opinion. The matters are REMANDED for the following action: 1. Associate with the claims file all VA treatment records for the Veteran dated from June 2018 to the present. 2. The AOJ should attempt to verify the Veteran’s contention that the was exposed to asbestos aboard the U.S.S. Princeton. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 3. Afford the Veteran appropriate VA examinations to determine the nature and etiology of his claimed COPD, skin disabilities, and left carpal tunnel syndrome. The examiner is asked to determine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s COPD and/or skin disabilities began in service, were caused by service, or are otherwise related to the Veteran’s period of active service, to include possible asbestos exposure. With regards to the Veteran’s left wrist condition: The examiner is also asked to determine whether it is at least as likely as not (50 percent or greater probability) that the condition is proximately due to, or the result of his right wrist carpal tunnel syndrome. If not proximately due to or the result of his right wrist condition, the examiner is asked to determine whether it is at least as likely as not (50 percent or greater probability) that his left wrist condition is aggravated beyond the natural progress of the disability by his right wrist condition, including overcompensating post right wrist surgery. Aggravation means any increase in severity beyond the natural progression of the claimed condition that is proximately due to or the result of the Veteran’s service-connected disability, including stress, symptoms and medication. A complete rationale must be provided for any opinion offered. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.L. Reid, Associate Counsel