Citation Nr: 21075916 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 19-37 807 DATE: December 21, 2021 REMANDED Entitlement to service connection for a respiratory disability, to include chronic obstructive pulmonary disease (COPD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 1963 to June 1966. Entitlement to service connection for a respiratory disability, to include COPD is remanded. In a January 2020 statement, the Veteran stated that he spent time aboard the MSC transport ship USNS Geiger (T-AP-197) during service. The Veteran contended that he was exposed to asbestos while aboard this ship. The Veteran's military personnel records show that he serviced as an infantry direct fire crewman, assistant gunner, ammo bearer, and a heavy weapons infantryman. However, the records do not verify that he served aboard the USNS Geiger at any relevant, as asserted. In a June 2020 Board remand, the RO was directed to take appropriate action to verify whether the Veteran served aboard the USNS Geiger and ascertain any resultant asbestos exposure. The remand directives also asked the RO to make a formal finding for the record regarding the extent of the Veteran's exposure to asbestos in service. In a July 2021 Records Research Response, it was documented that the Military Records Research Center was unable to research this request because a researchable stressor event/incident was not provided. The response noted that M21-1 IV.ii.1.D.3.l includes minimum information required to search an in-service stressor. The response stated that if the information is available, the RO was advised to resubmit the request. However, the June 2020 Board remand did not request that the Veteran's stressor be verified, and this development was conducted erroneously. Accordingly, this response is not in compliance with the Board's previous remand directives. In another July 2021 Records Research Response, it was documented that the Military Records Research Center does not research requests for asbestos exposure. The RO was advised to refer to M21-1 IV.ii.1.I.3 Developing Claims for SC for Asbestos-Related Diseases for procedures to verify this type of claimed exposure. The Board notes that an older version of the M21-1 manual was referenced by the RO, and the related section is now found under M21-1, Part VIII, Subpart iii, Chapter 7, Section B - Development and Examination Requests for Claims Based on Exposure to Asbestos. Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issue of entitlement to service connection for a respiratory disability, to include COPD. The attempts to gain the information required by the June 2021 Board remand were insufficient, and the directive to issue a formal finding was not complied with. Accordingly, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matter is REMANDED for the following action: 1. Obtain deck logs for the USNS Geiger (T-AP-197) from June 1963 to June 1966. Take any additional appropriate action to verify whether the Veteran served aboard the USNS Geiger during his military service. 2. If the Veteran served aboard the USNS Geiger, undertake all development necessary under VA's guidelines for processing a matter based on exposure to asbestos, to include (but not limited to) ascertaining whether the Veteran had any exposure to asbestos while serving on the USNS Geiger during his active duty. Follow the guidance under M21-1, Part VIII, Subpart iii, Chapter 7, Section B - Development and Examination Requests for Claims Based on Exposure to Asbestos. 3. Then, make formal findings for the record regarding the extent of the Veteran's service aboard the USNS Geiger and his exposure to asbestos during service. Associate the formal findings with the Veteran's claims file. 4. If the Veteran's exposure to asbestos during active service is verified, obtain an addendum medical opinion from a qualified VA examiner as to whether it is at least as likely as not (a 50 percent probability or greater) that any current respiratory disability, to include COPD, began during or is otherwise related to active service, to include his confirmed asbestos exposure. D. C. JOHNSON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Husain, Rahat 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.