Citation Nr: 21002753
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 20-15 035
DATE: January 14, 2021

REMANDED

Entitlement to an initial compensable rating for asbestosis diagnosed as pleural plaques is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from August 1963 to September 1967. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In December 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge.

During the December 2020 Board hearing the Veteran testified that his service-connected asbestosis had worsened in severity since he was last examined by VA in 2017.  Thus, the Board finds that remand is required to afford the Veteran an updated VA examination to assess the current severity of his disability. Caffrey v. Brown, 6 Vet. App. 377 (1994); Snuffer v. Gober, 10 Vet. App. 400 (1997). Updated treatment records should also be secured.

The matter 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 a VA examination with an examiner other than the November 2017/February 2018 VA examiner to determine the current severity of his asbestosis. The entire claims file must be made available and reviewed by the examiner. All findings should be reported in detail.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.