Citation Nr: 19190833 Decision Date: 12/03/19 Archive Date: 12/03/19 DOCKET NO. 13-08 939 DATE: December 3, 2019 REMANDED Entitlement to a compensable initial disability rating for asbestosis is remanded. REASONS FOR REMAND The Veteran had active service from February 1960 to March 1961. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a July 2019 Travel Board hearing held at the Boise VA Regional Office (RO) and a copy of the transcript has been associated with the claims file. Entitlement to a compensable initial disability rating for asbestosis is remanded. A review of the record indicates that remand is warranted as the Veteran’s service-connected asbestosis may have worsened since his last VA examination in July 2012. Specifically, during the July 2019 Travel Board hearing, the Veteran testified that his condition has “progressively gotten worse” and that his ability to do physical activity is limited. Notably, during the Veteran’s most recent July 2012 VA respiratory examination, the VA examiner stated, following pulmonary function tests (PFTs) that the Veteran’s condition was most accurately reflected by the measure of Diffusion Capacity of the Lung for Carbon Monoxide (DLCO), which was 90 percent predicted upon pre-bronchodilator testing (the examiner further indicated that post-bronchodilator testing was not indicated for the Veteran’s condition). Since that time, private treatment records from March 2018 document PFTs, including post-bronchodilator Forced Vital Capacity (FVC) of 72 percent predicted and DLCO of 69 percent predicted. Private PFTs from June 2018 document pre-bronchodilator PFTs including FVC of 79 percent predicted and DLCO of 86 percent predicted; however, the facilitator did not state why post-bronchodilator PFTs were not included. Following the July 2019 Travel Board hearing, the Veteran submitted additional private treatment records, including June 2019 PFTs which document pre-bronchodilator FVC of 71 percent predicted and DLCO of 73 percent predicted. Notably, the physician stated that “following administration of bronchodilators, there is non-significant response” but the specific post-bronchodilator results were not documented. Given the above, the Board finds that the lay and medical evidence of record indicates that the Veteran’ service-connected asbestosis may have worsened since the most recent July 2012 VA respiratory examination. As such, a remand is necessary to afford the Veteran a contemporaneous VA examination to assess the current nature and severity of his service-connected asbestosis disability. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Moreover, the Board is mindful that a September 2016 Informal Hearing Presentation (IHP) specifically requested remand for a current examination based upon the length of time since the initial July 2012 VA examination. Finally, any outstanding, relevant VA and private treatment records should also be obtained upon remand, with authorization from the Veteran as required. The matters are REMANDED for the following action: 1. Following any necessary authorization from the Veteran, obtain all outstanding and relevant VA and private treatment records. 2. Schedule the Veteran for a VA respiratory examination to determine the current nature and severity of his service-connected asbestosis. The claims file should be made available to and reviewed by the examiner, and all indicated tests should be performed, to include updated PFTs. All findings should be reported in detail within the examination report. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Chad Johnson, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.