Citation Nr: 21077301
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 19-18 718
DATE: December 29, 2021

REMANDED

Entitlement to service connection for a respiratory disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1977 to May 1979, with additional service in the Reserves.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision by the Department of Veterans Affairs (VA). 

In December 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.

Entitlement to service connection for a respiratory disorder.

The Veteran is diagnosed with several respiratory disorders, to include bronchitis, chronic obstructive pulmonary disorder (COPD), and a chronic cough. See, e.g., April 2017 private treatment records. Her military occupational specialty (MOS) during active duty service was as an engineer equipment operator. See DD 214. She testified that she was exposed to fumes and began to have minor symptoms of a bloody nose, irritated eyes, and a minor cough during active duty. She noted that her symptoms persisted from that time until they got so severe that she sought treatment. See December 2021 Board hearing. Because there are medical questions outstanding, remand for an examination is warranted. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).

The Board notes that complete service treatment records (STRs) and personnel records were sought from the National Personnel Records Center (NPRC), where the Veteran's Reserves records would be held. While it appears that the Commandant of the Marine Corps could not locate all records shortly after her Reserves service was completed, see October 1994 correspondence, the Agency of Original Jurisdiction (AOJ) completed all duty to assist requirements by asking for records located at the NPRC. Thus, further development is not warranted.

The matter is REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records from March 2019 to the present.

2. The AOJ should obtain, if possible, records of relevant private evaluations and treatment the Veteran has received. The Veteran must assist in the matter by identifying her private healthcare providers and by submitting releases for VA to obtain any private records identified.

3. After the development in the first two directives is completed, the AOJ should arrange for a VA examination of the Veteran to determine the nature and likely cause of any respiratory disorder. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record and examination of the Veteran, the examiner should provide an opinion with detailed rationale that responds to the following:

(a.) Please identify, by diagnosis, all respiratory disorders present during the appeal period (from June 2018).

(b.) For each respiratory disorder diagnosed (including if only a chronic cough is diagnosed), is it at least as likely as not (50% or greater probability) that such disorder was either incurred in or otherwise related to the Veteran's military service? Please explain why. The examiner must discuss the Veteran's lay report of symptoms beginning in service and continuing from that time. The examiner may not rely solely on the absence of evidence in STRs and treatment records immediately after service.

4. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Sandler, 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.