Citation Nr: 21073775 Decision Date: 12/10/21 Archive Date: 12/10/21 DOCKET NO. 17-07 496 DATE: December 10, 2021 REMANDED Entitlement to service connection for a breathing disorder with chest pain is remanded. Entitlement to service connection for colon cancer is remanded. REASONS FOR REMAND The Veteran had active duty service from June 1966 to June 1968. These matters come before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) in May 2016. These matters were before the Board in June 2019, at which time they were remanded for further evidentiary development. 1. Entitlement to service connection for a breathing disorder with chest pain is remanded. 2. Entitlement to service connection for colon cancer is remanded. The Board remanded the issues of service connection for a breathing disorder and colon cancer in June 2019 for the Veteran to undergo VA examinations for each claimed disability. The claims file indicates that the Veteran failed to attend scheduled VA examinations in December 2019 and January 2020. However, the claims file contains no indication that the Veteran was notified of these examinations. In January 2021 and June 2021, the Veteran contacted VA regarding the status of his claims. He indicated that he did not know whether he had missed any VA examinations because he was not notified of any appointments by mail or phone. The Veteran has presented good cause for his failure to report for his scheduled VA examinations. The claims file does not contain any indication that he was notified of the dates, times, or locations of his scheduled VA examinations. Therefore, a remand is necessary to schedule him for new examinations and ensure that he receives proper notification of these examination appointments. The matters are REMANDED for the following actions: 1. Schedule the Veteran for a VA examination to address the nature and etiology of any respiratory disorders and ensure that the Veteran is notified of the date, time, and location of his examination. The entire claims file, including a copy of this remand, must be made available for review by the examiner, and such review should be noted in the examination report. The examiner is asked to provide diagnoses for all respiratory disorders present during the period on appeal, or from October 2015 to the present. The examiner should also describe the residuals, if any, of a reported past pulmonary embolism. For each diagnosed condition, the examiner should opine as to whether it is at least as likely as not (a 50 percent or greater probability) that such diagnosis had its onset during the Veteran's active duty service or is otherwise etiologically related to his active duty service. The examiner should specifically address the Veteran's contentions that his breathing disorder is related to possible asbestos exposure during in-service ship renovations and that his breathing disorder is related to his conceded exposure to herbicide agents in service. The examiner must provide a comprehensive rationale for each proffered opinion. If any diagnosis of record cannot be confirmed or validated, the examiner should explain why such diagnosis cannot be confirmed. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports are to be considered in formulating any opinion. If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record. 2. Schedule the Veteran for a VA examination to address the nature and etiology of his colon cancer and ensure that the Veteran is notified of the date, time, and location of his examination. The entire claims file, including a copy of this remand, must be made available for review by the examiner, and such review should be noted in the examination report. The examiner should opine as to whether it is at least as likely as not (a 50 percent or greater probability) that his colon cancer is etiologically related to his active duty service. The examiner should specifically address the Veteran's contentions that his colon cancer is related to possible asbestos exposure during in-service ship renovations and that his colon cancer is related to his conceded exposure to herbicide agents in service. The examiner must provide a comprehensive rationale for each proffered opinion. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports are to be considered in formulating any opinion. If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Pratt 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.