Citation Nr: 21075071 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 19-37 489 DATE: December 17, 2021 REMANDED Service connection for asbestosis, to include chronic obstructive pulmonary disease (COPD), is remanded. REASONS FOR REMAND The Veteran had active service from January 1958 to February 1958. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a July 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office. The Veteran testified before the undersigned Veterans Law Judge in a September 2021 Board videoconference hearing. A transcript of that hearing is of record. As a preliminary matter, the Board notes that additional evidence was associated with the claim file within a year of the initial denial of his claim for service connection in July 2016, and he has continuously prosecuted his claim since that time. Therefore, the Board will not address the August 2017 and May 2018 rating decisions which denied service connection for a lack of new and material evidence. Entitlement to service connection for asbestosis and COPD The Veteran contends that he has asbestosis and COPD related to service. A July 2016 rating decision denied service connection because available records did not show inservice asbestos exposure. The Board notes that a National Personnel Records Center (NPRC) report notes that his Military Personnel Records (MPR) were likely destroyed by fire and cannot be reconstructed. See February 2003 NPRC Report, received May 2016. The Veteran timely appealed and submitted additional evidence regarding asbestos at Fort Ord, medical records, and positive private nexus opinion from G.N., Nurse Practitioner (NP), dated November 8, 2016. The opinion states his pulmonary scarring is most likely due to inservice asbestos exposure. See G.N., NP Letter, dated November 8, 2016. However, it is unclear whether G.N. reviewed the claim file or addressed Dr. R.'s statement of other exposure. See Dr. R. Letter, infra. A February 2017 rating decision denied service connection based on a letter from Dr. R. indicating that the Veteran may have been exposed to asbestos after service while working at Southwestern Sheet Metal Shop, and Hotel Dieu Hospital, in El Paso, TX. See Dr. R. Letter, dated April 20, 2003; received May 31, 2016. However, the letter did not address inservice exposure or statements of a lack of post-service exposure and did not provide an opinion for service connection. See id; see also September 2021 Board Hearing Transcript, pg. 8 (discussing a lack of post-service asbestos exposure, and work as a meter reader). An October 2017 VA Examination noted a diagnosis of asbestosis and asbestos exposure while stationed at Fort Ord. See October 2017 Respiratory Disability Benefits Questionnaire (DBQ), pg. 2. However, no opinion was provided as to whether his condition is related to service. In August 2018, the Veteran provided a private nexus opinion that concluded that his asbestosis is related to asbestos exposure in service. See May 2018 Dr. J.S.T., Letter. However, it is unclear whether Dr. J.S.T. reviewed the entire claim file or addressed Dr. R.'s statement regarding other possible exposure. The Veteran argues that asbestosis takes decades to develop, his lung problems manifested eleven years after service, and asbestosis was diagnosed decades after service. Further, the Veteran argued that while Fort Ord asbestos surveys were conducted years after his service, asbestos may have been present in 1958. Any record concurrent with his service were likely destroyed. Finally, as there has been no adequate probative opinion provided as to whether the Veteran's asbestosis, COPD, is related to service, remand is required. Accordingly, the matter is REMANDED for the following: 1. Contact the Veteran and ask him to submit any potentially relevant and outstanding private treatment records or opinions, as well as employment records referenced in Dr. R.'s letter. 2. Thereafter, obtain an addendum opinion from the October 2017 VA examiner, or another appropriate clinician, addressing the etiology of the Veteran's asbestosis and COPD. The need for in-person examination is left to the discretion of the examiner. After reviewing the entire claims file, the examiner is asked to opine: (a) Whether the Veteran's asbestosis is at least as likely as not related to service; and (b) Whether the Veteran's COPD is at least as likely as not related to service, to include as secondary to asbestosis. The examiner must specifically comment on conflicting evidence of Dr. R's letter, Dr. J.S.T.'s opinion, N.G.'s opinion, and the October 2017 VA Examiner's statement regarding the Veteran's asbestos exposure. The examiner must address: (i) Veteran's lay statements of lack of post-service asbestos exposure; (ii) information regarding Fort Ord asbestos; (iii) asbestosis onset; and (iv) July 2003 NPRC report that the Veteran's MPR was destroyed by fire and cannot be reconstructed. A complete a rationale should be provided for all opinions offered. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. McKenzie, 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.