Citation Nr: 21072624
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 16-12 245
DATE: December 3, 2021

REMANDED

Service connection for asthma is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1974 to April 1979 and from March 1985 to September 1986.

In February 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A copy of the proceedings is associated with the electronic claims file.

Asthma 

The Board previously remanded the Veteran's claim for asthma in March 2019. In its remand instructions, the Board directed that a VA examination be conducted regarding the Veteran's diagnosed asthma. In March 2020, a records only VA examination opinion was obtained. The examiner did not note the Veteran's diagnosis of asthma. The Board finds that the March 2020 examination is inadequate for adjudication purposes and that a new examination is warranted. 

The matter is REMANDED for the following action:

Schedule the Veteran for a VA medical examination to determine the nature and etiology of his asthma.  The claims file, including a copy of this Remand, must be made available to the examiner and the examiner should indicate in his/her report whether such was reviewed.  All necessary tests and studies should be accomplished.  

The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's asthma had onset in service or within one year following separation from service, or was causally related to service, to include any possible exposure to asbestos while in-service.

The examiner must provide a complete rationale on which his/her opinion is based and must include a discussion of the medical principles as applied to the medical evidence and facts used in establishing his or her opinion.  If the examiner finds that he/she cannot provide an opinion without resorting to speculation, he/she should explain the inability to provide an opinion.

The Veteran's lay assertions as to onset and continuity of symptomatology, including the Veteran's February 2018 hearing testimony, should be recorded, and considered.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.