Citation Nr: 21002985 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 19-24 490 DATE: January 19, 2021 ORDER New and material evidence having been received, reopening the claim of entitlement to service connection for a respiratory disability is granted. REMANDED Entitlement to service connection for a respiratory disability is remanded. Entitlement to a rating in excess of 0 percent for bilateral hearing loss disability is remanded. FINDING OF FACT 1. In an unappealed February 1974 Board decision, the Veteran was denied entitlement to service connection for a lung and/or chest disorder. 2. The evidence received since the February 1974 Board decision relates to an unestablished fact necessary to substantiate the claim for service connection for a respiratory disability. CONCLUSION OF LAW New and material evidence has been received sufficient to reopen a claim of entitlement to service connection for a respiratory disability. 38 U.S.C. §§ 5108, 7104, 7105 (2018); 38 C.F.R. § 3.156 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active military service from November 1965 to March 1969. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2018 rating decision that was issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in November 2020. A transcript of that hearing is associated with the claims file. Claims to Reopen The Veteran was denied entitlement to service connection for a lung and chest condition in a July 1973 rating decision. The Veteran appealed that decision to the Board. In a February 1974 Board decision, the Veteran was denied entitlement to service connection for a lung and/or chest condition based on a finding that no lung or chest disorders were incurred in or aggravated by the Veteran’s active service. The Veteran did not appeal that decision. The pertinent evidence received since the February 1974 Board decision include post-service treatment records, which reveal current diagnosis of a respiratory disability, and a VA medical opinion, that the Veteran’s reported respiratory issue may be a residual symptom of his service-connected malaria. The Board finds that the evidence added to the record is new and material. In this regard, the evidence is new and raises a reasonable possibility of substantiating the claim. Accordingly, reopening the claim of entitlement to service connection for a respiratory disability. To that extent only, the appeal is granted. REASONS FOR REMAND The Board finds that additional development is required before the claims on appeal are decided. In regard to the Veteran’s respiratory disability, a December 2014 treatment note reveals that he had a diagnosis of shortness of breath (SOB). Additionally, in a December 2015 VA addendum opinion, for clarification, a VA internist assessed that residual symptoms of the Veteran’s malaria included a persistent dry cough. However, in November 2016, a different VA examiner opined that the Veteran had no symptoms attributable to malaria and there was no documentation that his asthma was secondary to his malaria. Subsequently, a March 2017 treatment note revealed that the Veteran had shortness of breath and dry cough. Further, during the Veteran’s November 2020 Board hearing he testified that he has had a problem with breathing and a dry cough since his in-service treatment for malaria. Based on the foregoing, the Board finds that a new VA examination is needed to determine the nature and etiology of any currently present respiratory disability, to include asthma. The Veteran has asserted that his hearing loss has worsened since his August 2018 VA examination. Therefore, a remand is necessary to determine the current level of severity of his bilateral hearing loss disability. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the nature and etiology of any currently present respiratory disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based upon the examination results and a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any respiratory disability is etiologically related to the Veteran’s active service. The VA examiner should also provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any currently present respiratory disability was caused or aggravated (chronically worsened) by the Veteran’s service-connected malaria. The rationale for all opinions expressed must be provided. 3. Then, schedule the Veteran for a VA audiology evaluation to determine the current level of severity of all impairment resulting from his bilateral hearing loss disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. The examiner must provide all information required for rating purposes. 4. Confirm that the VA examination reports and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 5. Then, readjudicate the issues on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case 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.