Citation Nr: 20037581 Decision Date: 06/02/20 Archive Date: 06/02/20 DOCKET NO. 20-14 261 DATE: June 2, 2020 REMANDED Entitlement to service connection for a respiratory disability, to include asthma, to include as due to asbestos exposure, is remanded. REASONS FOR REMAND The Veteran had active naval service from June 1956 to June 1958. This appeal comes before the Board of Veterans’ Appeals (Board) from a December 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). Service Connection – Respiratory Disability The Board finds that additional development is necessary before the claim on appeal is decided. The Veteran asserts that his lungs were worsened during his time in the military because he worked in a building that had asbestos and he used zinc chromate spray while working on aircraft. The Veteran also asserted that his lungs were not examined prior to his separation and that he was turned down for a job soon after separating from service because of his lungs. In the Veteran’s September 1955 entrance examination report, his chest x-ray revealed that he had multiple small calcifications. The examining physician assessed that the Veteran had no active pulmonary disease and diagnosed him with benign inactive histoplasmosis. In an August 1956 medical report, the Veteran’s chest x-ray revealed multiple small calcified nodules in both hilar areas and scattered throughout both lung fields. The Veteran’s calcified nodules were assessed as most probably being due to the residue of an old histoplasma or other fungus. The Veteran’s June 1958 separation examination indicated that his lungs and chest were normal. A July 2007 VA primary care note indicated that the Veteran’s chest x-ray revealed scarred lungs and that he had a previous positive purified protein derivative (PPD) or chest x-ray. Additionally, at the July 2007 appointment, the Veteran stated that a doctor previously informed him that he had tuberculosis as a child. In a July 2009 VA treatment record, the Veteran was noted as having slightly lowered breathing sounds and receiving a private prescription for Budesonide. In a March 2020 statement, the Veteran reported that he did not utilize the VA for his medical treatment, and that he had been told different things about his lungs and hospitalized several times. On his March 2020 Form 9, the Veteran noted that he received private treatment at McAlester Regional Health Center, Hillcrest Heart Institute, and Saint Francis Hospital. In light of the Veteran’s assertions that he was exposed to asbestos and zinc chromate during his service in the Navy and the medical records showing a post-service diagnosis of, and treatment for, a respiratory disability, the Board finds that the Veteran should be afforded a VA examination to determine the nature and etiology of any currently present respiratory disability, to include COPD. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Prior to obtaining a VA examination, the RO should take any necessary action to develop the appellant’s claim of asbestos and zinc chromate exposure during the Veteran’s service. This matter is REMANDED for the following action: 1. Undertake any necessary action to develop the Veteran’s claim of asbestos and zinc chromate exposure during service. 2. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file. 3. Then, schedule the Veteran for a VA examination by a VA examiner with sufficient expertise to determine the nature and etiology of any currently present respiratory disability, to include asthma. The claims file must be made available to, and reviewed by the examiner. Any indicated studies, to include pulmonary function testing, must be completed. Based on the examination results and review of the record, the examiner must provide an opinion as to whether the Veteran had a respiratory disability that clearly and unmistakably existed prior to his active service, and if so, was clearly and unmistakably NOT aggravated by service. For any disability NOT found to clearly and unmistakably exist prior to the Veteran’s active service, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present respiratory disability, to include asthma, had its onset during the Veteran’s active service, or is otherwise etiologically related to such service, to specifically include asbestos and other chemical exposure sustained therein. In forming the opinions, the examiner is instructed that the Veteran’s lay statements alone are not a sufficient basis to support a conclusion that a respiratory disability clearly and unmistakably existed prior to service. A rationale for all opinions expressed must be provided. 4. Confirm that the VA examination report and all medical opinions provided comport with this remand and undertake any other development found to be warranted. 5. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Byrd, 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.