Citation Nr: 18160189
Decision Date: 12/27/18	Archive Date: 12/26/18

DOCKET NO. 17-30 769
DATE:	December 27, 2018
REMANDED
Entitlement to service connection for a respiratory disorder, to include as due to in-service asbestos exposure, is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Navy from August 1954 to November 1957.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
The Veteran asserts that he developed asbestosis as a result of his in-service asbestos exposure.  His service personnel records indicate that his military occupational specialty (MOS) was a machinist mate, which carries a probable risk of asbestos exposure.  The record currently includes an October 2014 VA medical opinion concluding that the Veteran does not have asbestosis; a March 2007 pulmonary function test (PFT) showing minimal obstructive lung disease; an April 2008 VA and a May 2011 private medical diagnosis of asbestosis; a September 2010 private medical opinion linking the Veteran’s pleural disease with marked pleural calcification to military and post-service workplace asbestos exposure; and a March 2017 VA computer tomography (CT) scan showing pleural calcifications suggestive of prior asbestos exposure.  Furthermore, in his June 2017 VA Form 9, the Veteran indicated that his respiratory disorder has worsened.  As such, the Board finds that a new examination and medical opinion is required on remand that takes into account the Veteran’s complete medical history.  
Additionally, the Board notes that the October 2014 examiner utilized the Veteran’s January 2014 CT scan and February 2014 PFT.  However, the referenced records have not been associated with the claims file.  On remand, all outstanding VA treatment records to include the January 2014 CT scan and February 2014 PFT report must be associated with the claims file.  Ongoing medical records should also be obtained.
The matter is REMANDED for the following actions:
1. Obtain all outstanding VA treatment records, to include treatment records prior to October 2014, including the January 2014 CT scan and February 2014 PFT report.
2. With any necessary assistance from the Veteran, obtain all outstanding private treatment records.  If any records are unavailable, notify the Veteran pursuant to 38 C.F.R. § 3.159(e).
3. Then, schedule the Veteran for a VA examination to address the current nature and etiology of his respiratory disorder.  The claims file should be made available to and reviewed by the examiner and all necessary tests should be performed.  All findings should be reported in detail.  The examiner should address the following:
a)	The examiner should identify all current respiratory disorders and should clarify if the Veteran has asbestosis.  The examiner is to specifically consider and comment on the clinical significance of the Veteran’s asbestosis diagnoses of record, as reflected in the April 2008 VA and May 2011 private treatment records and the March 2007 PFT showing minimal obstructive lung disease. 
b)	For each respiratory disorder diagnosed, including but not limited to asbestosis and chronic obstructive pulmonary disease, the examiner is asked to answer whether it is at least as likely as not (a 50 percent or greater probability) that the disability was incurred in, or is otherwise related to, the Veteran’s active service, to include his conceded in-service exposure to asbestos.  In rendering the opinion, the examiner must address the September 2010 private medical opinion.  
A complete rationale must be provided for all opinions expressed.
 
S. BUSH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Forde, Counsel