Citation Nr: 18159622
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-54 798
DATE:	December 19, 2018
REMANDED
Service connection for mesothelioma, to include interstitial lung disease due to asbestos exposure and lead paint is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1977 to January 1981.
In February 2018, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.
In April 2018 the Board of Veterans’ Appeals (Board) remanded the issue on appeal for additional development and a new Department of Veterans Affairs (VA) examination.  The issue has now been returned to the Board for appellate review.
During the February 2018 Board hearing the Veteran testified that his interstitial lung disease is a result of his military service aboard the USS Downes.  He testified that he was a seaman apprentice in service and was exposed to asbestos and lead paint.  A January 2018 statement from the Veteran’s commanding officer aboard the USS Downes reports that duties for a seaman with the Veteran’s rank included maintenance and preservation of the vessel using red lead primers and lead based paints.  The statement reflects that very little respiratory protection was provided to service members.  Service treatment records reflect that the Veteran was treated on a number of occasions for upper respiratory infection and bronchitis, and complaints of a sore throat, congested chest, and coughing up blood. 
In response to a request for additional information regarding the Veteran’s private treatment, in July 2018 the Veteran stated that he sought a second opinion regarding his lung disease from his private treatment provider in July 2017.  He provided the treatment provider’s full name, phone number, and address.  The record is absent evidence VA attempted to obtain the identified private treatment record.  As such, remand is necessary to obtain the Veteran’s outstanding private treatment record.  38 U.S.C. § 5103A(c).
The matter is REMANDED for the following action:
The Veteran should be asked to submit or provide authorization for VA to obtain the July 2017 medical record from Dr. L.S. identified by him in July 2018.  If the record is not available the Veteran should be properly notified of the unavailability of the record.  If the Veteran does not wish to provide authorization to obtain this record, he is asked to obtain the record and provide it to VA.
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Gonzalez, Associate Counsel