Citation Nr: 21061398 Decision Date: 10/01/21 Archive Date: 10/01/21 DOCKET NO. 08-27 173 DATE: October 1, 2021 REMANDED Entitlement to a compensable rating for a respiratory disorder prior to March 17, 2021 and in excess of 30 percent thereafter is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1959 to September 1960. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2006 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2010, the Veteran testified before the undersigned Veterans Law Judge. The Board remanded the claim for further development in February 2014. In January 2015, the Board denied the Veteran's claim for a compensable rating for histoplasmosis of the right lung. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In September 2015, the Court, pursuant to a Joint Motion for Remand (JMR) filed by the parties, vacated the January 2015 decision, and remanded the appeal to the Board for compliance with the terms of the JMR. The Board remanded the appeal for further development in March 2016 and denied the claim again in a February 2017 decision. The Veteran appealed that decision to the Court. In an October 2017 Order, pursuant to a September 2017 JMR, the Court vacated and remanded the February 2017 decision, in part, back to the Board. The Board remanded the appeal in January 2018, November 2019, and September 2020. Notably, during the pendency of this appeal, a July 2021 rating decision increased the Veteran's respiratory disorder rating to 30 percent, effective March 17, 2021. Thus, the issue has been recharacterized accordingly. Entitlement to a compensable rating for a respiratory disorder prior to March 17, 2021 and in excess of 30 percent thereafter is remanded. Pursuant to the prior Board remand, the Veteran was afforded a VA respiratory examination in March 2021. He also underwent pulmonary function tests (PFTs) at a private facility in May 2021, but the DLCO (SB) (Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method) test was not conducted. The March 2021 VA examiner also did not conduct the DLCO (SB) test, and apparently at a later time considered the private May 2021 PFT results. However, the VA examiner did not provide an explanation as to why the DLCO (SB) test would not be useful or valid in the Veteran's particular case, as required by regulation. See 38 C.F.R. § 4.96(d)(2). Thus, a remand is required. 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 obtain an addendum opinion from the March 2021 VA examiner (or other examiner, if unavailable) regarding the nature of the Veteran's respiratory disorder. The entire claims file should be made available to and reviewed by the examiner. No additional examination is necessary, unless the examiner determines otherwise. Following a review of the March 2021 VA examination report, the examiner must explain why the DLCO (SB) test would not useful or valid in this particular case. 4. If the examiner is unable to provide such an explanation or finds that the DLCO (SB) test would have been useful or valid but was not performed, schedule the Veteran for a VA examination to the current nature and severity of his respiratory disorder. The entire claims file should be made available to and reviewed by the examiner. All indicated tests, including concurrent PFTs, must be conducted and all findings reported in detail. All PFTs must include pre-bronchodilator and post-bronchodilator studies, unless the examiner determines that post-bronchodilator studies should not be done and explains why. If the DLCO (SB) test is not performed, the examiner must provide a descriptive explanation stating why it would not be useful or valid. A complete rationale should be given for all opinions and conclusions expressed. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.S. Mahoney 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.