Citation Nr: 21002194
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 18-25 394
DATE: January 13, 2021

REMANDED

The issue of entitlement to service connection for asthma is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1967 to June 1970.

In January 2021, the Veteran testified under oath at a videoconference hearing before the undersigned Veterans Law Judge.

Entitlement to service connection for asthma.

The Board finds that additional development is needed prior to final adjudication of the issue on appeal.  Specifically, the Board finds that the Veteran should be scheduled for a VA examination to address the etiology of the claimed disability on appeal.  The Board asks that the VA examiner address the Veteran’s contentions regarding secondary service connection, including potential aggravation by a service-connected disability.  The examiner is asked also to address articles submitted by the Veteran in support of his claim.  In particular, the examiner should address an article submitted in January 2021 entitled, “Metabolic Syndrome and the Lung.” In regard to the article, the Veteran has contended that his diabetes mellitus has caused him to develop metabolic syndrome which in turn has caused or aggravated his asthma.  Any relationship between his asthma, metabolic syndrome and diabetes should be discussed.  

Accordingly, the matter is REMANDED for the following action:

1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issue on appeal.

All efforts should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.

2. Upon completion of the above, schedule the Veteran for a VA examination (or telehealth interview, if an in-person examination is not feasible) to address the etiology of his claimed asthma disability.

For each disability diagnosed, the examiner is asked to provide an opinion that addresses whether it is at least as likely as not (i.e., a 50 percent or greater probability) that it was caused by the Veteran’s active duty service.  

In addition, the examiner is asked to provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that claimed asthma disability is proximately due to, or the result of, or aggravated (permanently worsened) beyond normal progression by the Veteran’s service-connected diabetes type 2 with erectile dysfunction.

The examiner is asked specifically to address articles submitted by the Veteran, including an article submitted in January 2021 entitled, “Metabolic Syndrome and the Lung.” The examiner is advised that the Veteran has contended that his diabetes mellitus has caused him to develop metabolic syndrome which in turn has caused or aggravated his asthma.  Any relationship between his asthma, metabolic syndrome and diabetes should be discussed.  

The VA examiner should be given access to the claim file.  The examiner should state that a review of the claim file was completed.  The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions.  A detailed rationale is requested for all opinions provided.

3. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Foster, 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.