Citation Nr: 21077444 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 19-27 565 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 August 1959 to August 1963. The Veteran appeared at a Board hearing in April 2021; a transcript is of record. During the Board hearing, the undersigned Veterans Law Judge clarified the issues on appeal, identified potential evidentiary defects, and clarified the type of evidence that would support the Veteran's claim. The actions of the Veterans Law Judge supplement the Veterans Claims Assistance Act (VCAA) and comply with any related duties owed during a hearing. See 38 C.F.R. § 3.103. 1. Entitlement to service connection for a respiratory disorder is remanded. The Veteran, through his representative, has claimed that he has a respiratory disorder possibly due to asbestos exposure during service. While the Veteran has not testified about potential exposure, the Veteran's medical records indicate that he was assessed with asbestos exposure by a private examiner. See Medical Treatment Record- Non-Government Facility, received April 28, 2021. The Board notes that the Veteran testified he was an engineman in a September 2017 statement in support of claim. The Veteran also documented that he fought at least one significant fire in the engine room in approximately June 1963. The Veteran's DD214 lists his MOS as a "diesel engine operator." The Board also notes that a medical opinion regarding asbestos exposure has not been issued and finds that one is necessary in order to decide this claim. In addition, review of the claims file reveals that the Veteran's military personnel records are either missing or incomplete. Only one document from the Veteran's military personnel record is present in the claims file. Upon remand, the Agency of Original Jurisdiction should attempt to locate the Veteran's remaining military personnel records. The matters are REMANDED for the following action: 1. The Agency of Original Jurisdiction must obtain the Veteran's complete service personnel records by contacting the appropriate agency. If any of the Veteran's service personnel records cannot be obtained, the Agency of Original Jurisdiction must notify the Veteran of such an issue and act accordingly. 2. After the Veteran's service personnel records have been obtained, return the file to the September 2021 VA examiner for an addendum medical opinion. The VA examiner must discuss whether it is at least as likely as not (i.e. a 50 percent probability or greater) that the Veteran's respiratory disorder is directly related to service, to include asbestos exposure. (a.) When making such a determination, the VA examiner is advised to consider and discuss the Veteran's military occupation specialty as well as any relevant military personnel records. A complete rationale for any opinion expressed must be provided. H. N. SCHWARTZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jonah Nelson, 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.