Citation Nr: 21000704
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 17-50 159A
DATE: January 6, 2021

REMANDED

Entitlement to a compensable evaluation for the residuals of a pneumothorax (collapsed lung), to include decreased pulmonary functioning and scarring is remanded.

REASONS FOR REMAND

The Veteran had a period of active duty service from October 1959 to October 1963. He testified at an August 2019 hearing before the undersigned. Unfortunately, due to an audio malfunction, the Board was unable to produce a complete transcript of the hearing. The Veteran did not request another hearing. 

Entitlement to a compensable evaluation for the residuals of a collapsed lung, to include decreased pulmonary functioning and scarring is remanded.

Review of the record, as to the certified issue reveals that there has been substantial development since the Agency of Original Jurisdiction (AOJ) adjudication for which due process requires a remand. Specifically, since the last September 2017 rating decision, several VA and private respiratory examinations have been conducted along with the submission of several private medical opinions concerning the current residuals of the Veteran’s service-connected pneumothorax of the left upper chest. The issue has not been readjudicated with consideration of this evidence. Thus, in order to assure the Veteran all due process and not prejudice consideration of the claim, the matter will be remanded to the AOJ in order to protect the Veteran’s due process rights. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. 

There is a question as to what residuals may exist regarding the pneumothorax.  Specifically, the Veteran has asserted intercostal neuralgia, and/or upper extremity impairment.  Moreover, there is a question as to whether any current respiratory impairment is related to the residuals of the pneumothorax.

The matters are REMANDED for the following action:

1. The AOJ should review the record and consider all the available evidence, arrange for any further development deemed necessary, and readjudicate the issues on appeal giving full consideration to all evidence added since the prior adjudication. Adjudication should then be undertaken in accordance with applicable procedures. 

2. Arrange for a review of all records, and/or an examination to ascertain any and all residuals that can be attributed to the pneumothorax.  Specifically whether intercostal neuralgia or other such impairment is show, whether there is upper extremity impairment, and 

 

whether there is any evidence of respiratory impairment secondary to the disorder.  All pertinent clinical findings should be set forth in detail.

 

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Elliot Harris, 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.