Citation Nr: 21076016 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 18-18 652 DATE: December 22, 2021 REMANDED Entitlement to an increased rating for a lung disability, to include asbestosis and asbestosis-related bilateral interstitial fibrosis, rated as noncompensable from January 22, 2009, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1966 to February 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision. By way of background, service connection was granted in August 2015 and a noncompensable rating was assigned effective January 22, 2009. The Veteran disagreed with the initial assigned rating and initiated this appeal. In September 2021, the Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing. A transcript of the hearing is of record. Although the Board regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Entitlement to an increased rating for a lung disability, to include asbestosis and asbestosis-related bilateral interstitial fibrosis, rated as noncompensable from January 22, 2009, is remanded. The Veteran most recently underwent a VA Respiratory Conditions examination in March 2017. However, during his September 2021 hearing, the Veteran testified that his condition has worsened and that he experiences shortness of breath. He testified that he is not currently being treated for the condition, and that he has tried medications, but they did not seem to do anything, and he has stopped them. He testified that his condition limits him from doing things. He testified that it affects him in conversation, in trying to get things done around the house, and also in his interactions with his grandchildren. The Veteran also testified that he had seen a private lung doctor in Griffin. See September 2021 Hearing Transcript. In consideration of the foregoing, the Board is remanding the Veteran's lung disability claim for a new examination to consider the Veteran's contentions that his disability has worsened in severity. A remand is also required to attempt to obtain outstanding private treatment records. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This includes making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159(c)(1). As discussed above, during the September 2021 Board hearing, the Veteran reported that he received private treatment from a private lung doctor in Griffin. Accordingly, on remand, an attempt should be made to obtain any outstanding private treatment records. The matter is REMANDED for the following action: 1. After securing any necessary authorization, obtain any private treatment records as the Veteran may identify relevant to his claims, to include records from a private lung doctor in Griffin. See September 2021 Hearing Transcript, pgs. 9-10. 2. Schedule the Veteran for an appropriate examination to determine the current severity of his respiratory disorder. The Veteran's claims file, including this remand, should be made available for review by the examiner in conjunction with the examination. All necessary tests, including a PFT, must be conducted and clinical findings must be recorded in detail. 3. Once the above development has been achieved, as well as any other development deemed necessary thereafter, readjudicate the appeal. If any benefits sought remain denied, issue a supplemental statement of the case and return the case to the Board. V. Chiappetta Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Fulmer, 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.