Citation Nr: A20007325 Decision Date: 04/30/20 Archive Date: 04/30/20 DOCKET NO. 200226-66928 DATE: April 30, 2020 REMANDED Entitlement to an initial compensable evaluation for bilateral interstitial fibrosis of the lungs due to asbestosis is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from September 1962 to September 1966. The Board notes that the rating decision on appeal was issued in October 2019. The October 2019 rating decision granted entitlement to service connection for bilateral interstitial fibrosis of the lungs due to asbestosis and assigned an initial noncompensable evaluation effective from February 9, 2019. Pursuant to the modernized review system, the Veteran then submitted a February 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), and he requested the Direct Review lane without a Board hearing. 84 Fed. Reg. 138, 177 (Jan. 18, 2019) (to be codified at 38 C.F.R. § 19.2(d)). Accordingly, the Board will consider the evidence of record at the time of the notification of the October 2019 rating decision. 1. Entitlement to an initial compensable evaluation for bilateral interstitial fibrosis of the lungs due to asbestosis is remanded. Prior to the October 2019 rating decision, the Veteran was provided with a VA examination related to his respiratory disability in May 2019. However, the examiner did not conduct a pulmonary function test (PFT) or provide any reason for why such testing could not be conducted. As PFT results provide a major basis for rating the Veteran’s respiratory disability under the relevant rating criteria, this examination provides inadequate information for rating his bilateral interstitial fibrosis of the lungs due to asbestosis. See 38 C.F.R. § 4.97, Diagnostic Codes 6825, 6833. As such, a remand is necessary to correct a pre-decisional duty to assist error in that the Veteran was not provided with an adequate VA examination to evaluate his disability. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (holding that when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). The matters are REMANDED for the following action: The Veteran should be afforded a VA examination that addresses the current severity and manifestations of his service-connected bilateral interstitial fibrosis of the lungs due to asbestosis. Any studies, tests, and evaluations deemed necessary by the examiner should be performed, but should include current PFTs with FVC and DLCO (SB) results. The examiner is requested to review all pertinent records associated with the claims file. It should be noted that the Veteran is competent to attest to factual matters of which he has first-hand knowledge, including observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. The examiner should report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. Current PFT findings should be reported. In addition, the examiner should indicate which test results most accurately reflects the Veteran's level of disability based on his bilateral interstitial fibrosis of the lungs due to asbestosis and provide an explanation for that conclusion. If the examiner is unable to distinguish between the symptoms associated with a service-connected respiratory system disability and any symptoms associated with a nonservice-connected disorder, he or she should state so in the report. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.C. Spragins, 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.