Citation Nr: 20023969
Decision Date: 04/07/20	Archive Date: 04/07/20

DOCKET NO. 15-31 814
DATE: April 7, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for asbestosis is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from July 1965 to July 1969. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In August 2018 and August 2019, the Board remanded this case for additional development.  The most recent remand was to afford the Veteran an examination that adequately documented and considered all of his respiratory symptoms and included maximum exercise capacity findings, as necessary to rate under applicable Diagnostic Code 6833 (asbestosis).  However, the Veteran’s maximum exercise capacity was again not assessed. Therefore, such testing should be completed on remand unless the examiner indicates otherwise. Any outstanding treatment records should also be secured.  

This appeal is REMANDED for the following action:

1.  Obtain all outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

3. Then schedule the Veteran for an examination to determine the current severity of his asbestosis. Maximum exercise capacity testing must be conducted, unless the examiner finds such to be unnecessary or contraindicated, and if so, the examiner must explain why. The examiner should state which test/result most accurately reflects the Veteran’s level of disability.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. J. Rogers, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.