Citation Nr: 21073586
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 16-48 381
DATE: December 9, 2021

REMANDED

Entitlement to service connection for asthma is remanded.

REASONS FOR REMAND

The Veteran, who is the appellant in this case, served on active duty from November 1984 to November 1987.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously remanded by the Board in decisions dated December 2019 and June 2021.

Entitlement to service connection for asthma is remanded.

The Veteran asserts he is entitled to service connection for asthma.  The Board finds that additional development is necessary prior to appellate review of this claim.

In its December 2019 and June 2021 decisions, the Board requested VA medical opinions relevant to the presumption of aggravation.  However, the presumption of aggravation only attaches when a condition is "noted" on a veteran's entrance examination report, and a history of preservice existence of a condition recorded at the time of examination does not constitute a notation of such condition.  38 C.F.R. § 3.304(b).  Here, the Veteran's history of asthma as a child was recorded in his September 1984 entrance examination report, but there are no notations of defects, infirmities, or disorders relating to any asthma at that time  his lungs and chest were found to be normal on clinical evaluation.  See September 1984 Report of Medical Examination.  As such, the presumption of soundness attaches, and the relevant inquiry is instead whether there is clear and unmistakable evidence that the Veteran's asthma: (1) pre-existed service; and (2) was not aggravated in service.  A medical opinion to that effect should be obtained on remand.

Accordingly, the matter is REMANDED for the following actions:

1. Obtain an addendum VA medical opinion regarding the nature and etiology of the Veteran's asthma, preferably from the VA examiner who conducted the September 2021 VA examination, if possible.  If this is not possible, the opinion should be rendered by another appropriate examiner.  The claims file, including a copy of this Remand, must be made available to, and be reviewed by, the examiner.  If another examination is indicated, one should be provided to the Veteran.

After a thorough review of the claims file, the examiner is asked to respond to the following:

(a)	Did the Veteran's asthma clearly and unmistakably exist prior to his entrance to service?

(b)	If the Veteran's asthma clearly and unmistakably existed prior to his service, opine whether such disability was clearly and unmistakably NOT AGGRAVATED beyond its natural progression by the Veteran's service.

(c)	If the Veteran's asthma did not clearly and unmistakably exist prior to service, opine whether it at least as likely as not (50 percent probability or greater) had its onset during his active service or is otherwise related to it.

** Specifically, address a June 1986 service treatment record in which the Veteran complained of sharp pains in the chest with deep breaths and pleuritic symptoms.

2. Then, readjudicate the remanded claim on appeal.

 

 

L. Chu

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. M. Gill, 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.