Citation Nr: 20004823 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 17-02 725 DATE: January 21, 2020 REMANDED Entitlement to service connection for a respiratory condition, to include chronic obstructive pulmonary disease (COPD) and asthma, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1969 to April 1971. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In December 2019, the Veteran testified at Board hearing before the undersigned Veterans Law Judge and the transcript has been associated with the record. Additionally, the only evidence associated with the claims file since the December 2016 statement of the case was submitted by the Veteran, through his representative, and does not require a waiver of consideration by the RO, as the Substantive Appeal (VA Form 9) was filed in January 2017. Disabled American Veterans v. Secretary of Veterans Affairs, 419 F.3d 1317, 1319-20 (Fed. Cir. 2005); 38 C.F.R. §§ 20.901, 20.903. Entitlement to service connection for a respiratory condition. The Veteran contends that his respiratory condition was caused by exposure to chemical dust as a result of scraping and clearing paint and plaster without protective gear when he was stationed in Germany. See December 2019 Board hearing testimony. While the Board regrets additional delay, a remand is necessary for a new VA examination and to obtain updated treatment records due to conflicting evidence regarding a diagnosis of COPD in the record. Specifically, in May 2016, the Veteran submitted a private medical opinion in which the physician stated that the primary condition the Veteran suffers from is COPD. Additionally, in March 2017, the Veteran submitted a private medical opinion in which another physician stated that the Veteran has been diagnosed with an obstructive pulmonary disease. However, two VA examiners have found that the Veteran has only been diagnosed with asthma and a chronic cough, not COPD, and cited multiple chest x-rays, pulmonary function tests, and private and VA treatment records that are negative for finding COPD. See March 2013 and December 2016 VA examination reports. Additionally, VA and private treatment records from August 2007 to June 2013 do not document a diagnosis of COPD. Nonetheless, the most recent private treatment records associated with the Veteran’s claims file are from March 2013 and the most recent VA treatment records are from June 2013. On remand, updated treatment records should be obtained. Additionally, the May 2016 and March 2017 private physicians indicate that they treat the Veteran for his respiratory conditions, so outstanding private treatment records from these facilities should be obtained on remand as well. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records since June 2013. 2. Contact the Veteran and afford him the opportunity to identify or submit any additional pertinent evidence in support of his claim, to include complete private treatment records from Pulmonary and Critical Care Consultants, Family Medicine of Michigan, and Ingham Community Health Centers. Based on his response, attempt to procure copies of all records which have not previously been obtained from identified treatment sources. All attempts to secure this evidence must be documented in the claims file. If any records are not available, the Veteran should be provided with notification of their unavailability in accordance with 38 C.F.R. § 3.159(e)(1). 3. After associating the above records, if any, with the claims file, schedule the Veteran for a VA examination for the purpose of ascertaining the nature and etiology of any respiratory condition, to include COPD and asthma. The entire claims folder must be reviewed by the examiner, including a copy of this remand. If deemed necessary by the examiner, all tests and evaluations, to include a chest x-ray and pulmonary function tests, should be performed. (a.) The examiner is asked to identify all current respiratory conditions found present on examination. (b.) For all respiratory conditions found, the examiner is to state whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such disorder began during service or is otherwise etiologically related to service, to include the Veteran’s reported in-service events and exposure. A complete rationale must be provided for all opinions expressed. The rationale must consider and discuss the pertinent evidence of record, to include the Veteran’s lay statements. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. B. Smith, Associate 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.