Citation Nr: 21004782 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 18-36 130 DATE: January 28, 2021 REMANDED Entitlement to service connection for a respiratory disability, to include chronic obstructive pulmonary disease (COPD) and emphysema is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1976 to September 1980. This matter came before the Board of Veterans Appeals (Board) on appeal from a July 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veteran’s Law Judge during a January 2021 hearing. Evidence in the record suggests that the Veteran has been diagnosed with multiple respiratory conditions; therefore, the Board will broadly construe the issue of service connection for COPD as a claim for service connection for a respiratory disability, to include COPD and emphysema. Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009) (holding that the Board must consider any disability that “may reasonably be encompassed by” the description of the claim and symptoms and other submitted information). Entitlement to service connection for a respiratory disability, to include chronic obstructive pulmonary disease (COPD) and emphysema Evidence indicates that there may be outstanding relevant VA and private treatment records. At the January 2021 hearing, the Veteran reported that he has continued to receive VA treatment for the disability on appeal. The Board’s review indicates that the most recent VA treatment records in the file date from September 2013. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal. A remand is required to allow VA to obtain them. The Veteran also identified relevant outstanding private treatment records at the January 2021 hearing, reporting that he has ongoing private treatment. The Board notes that the most recent private treatment records in the file date from September 2019. A remand is required to allow VA to obtain authorization and request any outstanding records. The Veteran contends that his respiratory disability was both caused and aggravated by his conceded asbestos exposure in service. At the January 2021, hearing, he specifically stated that his asbestos exposure may have weakened his lungs and predisposed him to develop COPD and that his condition is more severe due to his in-service exposures. A May 2017 VA examination diagnosed emphysema and COPD but found that they were not due to asbestos exposure in service. As a rationale, the examiner stated that asbestos did not cause COPD or emphysema and that the Veteran did not have asbestosis or mesothelioma, diseases associated with asbestos exposure. The examiner stated that COPD was due to a history of smoking. The Board finds that the May 2017 opinion did not address the Veteran’s contentions that asbestos exposure either predisposed his lungs to develop his current lung disability or that his current disability is worsened due to his history of asbestos exposure. The Board therefore finds that the issue should be remanded for an opinion to address those questions. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from September 2013 to the Present. 2. Ask the Veteran to complete a VA Form 21-4142 for any private provider who treats his respiratory disability. Make two requests for the authorized records from all identified providers, unless it is clear after the first request that a second request would be futile. 3. After the development above has been completed, obtain a VA opinion from a qualified provider regarding the etiology of the Veteran’s current respiratory disability. The provider should review the file and provide a complete rationale for all opinions expressed. The opinion should address: a) Whether the Veteran’s conceded asbestos exposure in service contributed to the development of his current respiratory disability; b) Whether the Veteran’s current respiratory disability was aggravated (worsened beyond its natural progression) his conceded asbestos exposure in service. (Continued on next page)   4. If upon completion of the above action the appeal remains 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 A. Arnold, 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.