Citation Nr: A21019173 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 211014-190891 DATE: December 2, 2021 REMANDED Entitlement to service connection for a respiratory disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from March 1968 to February 1980, including in the Republic of Vietnam. See January 2016 Military Personnel Record. This matter comes before the Board of Veteran's Appeals (Board) on appeal from an initial August 2021 rating decision by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). The rating decision on appeal was issued in August 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the October 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the August 2021 AOJ decision on appeal. 38 C.F.R. § 20.301. The Board initially observes that the Veteran's records indicate possible aortic atherosclerosis, which is a disease that is subject to presumptive service connection for Veterans exposed to herbicide agents. See, e.g., October 2013 Private Treatment Note (documenting an impression of aortic atherosclerosis). The Board does not have jurisdiction over this issue, but the Veteran may wish to consult his supporting Veterans Service Organization for further assistance regarding a supplemental claim for this disability. The Veteran asserts that his respiratory disorder is the result of asbestos exposure during his active service, including service at sea aboard the U.S.S. Coral Sea and the U.S.S. McCandless. See, e.g., July 2021 VA Form 526EZ, Application for Disability Compensation and Related Compensation Benefits; May 2012 VA Form 21-4138, Statement in Support of Claim. Here, the Veteran's medical records suggest the potential presence of a current respiratory disability. See, e.g., October 2013 Private Treatment Note (documenting a persistent cough with imaging indicating mild atelectasis at the left lung base); July 2017 Private Treatment Note (describing chest imaging of hypoventilatory lungs with atelectatic changes and sharp lateral costophrenic angles suspected); March 2017 Private Treatment Note (describing chest imaging of basilar opacities with partial blunting of the costophrenic angles). In addition, the Board finds that the Veteran was exposed to asbestos in service, as such exposure is consistent with circumstances of the Veteran's service as a Navy Electrician's Mate during the late 1960s and 1970s. See 38 U.S.C. § 1154(a); VA M21-1, Part VIII.iii.7.C.1.b. His service treatment records also include complaints of chest pain and congestion. See Service Treatment Records (noting chest pain in November 1974 and chest congestion in August 1976). Given the Veteran's symptoms of a current disability, his in-service asbestos exposure and symptomatology, and contemporary statements and records, the Board finds that the AOJ committed a predecisional duty to assist error in not obtaining a VA examination, and one should be scheduled on remand. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). This issue is REMANDED for the following action: Schedule the Veteran for a VA examination to determine the nature and etiology of any respiratory disorders found to be present. The entire claims file should be made available to and reviewed by the examiner, including a copy of this remand. The examiner is requested to address the following: (a) Please diagnose all respiratory disorders present since July 2021. In so doing, please consider private treatment records dated in July 2017 (describing chest imaging of hypoventilatory lungs with atelectatic changes and sharp lateral costophrenic angles suspected) and March 2017 (describing chest imaging of basilar opacities with partial blunting of the costophrenic angles). If no diagnosis is rendered, the examiner must indicate whether the Veteran's reported symptoms cause any functional impairment. (b) For each such diagnosed disorder, or any functional impairment identified, please opine as to whether it is at least as likely as not (50 percent or greater probability) that such disorder had its onset in service or is otherwise the result of service, to include as a result of conceded asbestos exposure therein. In addressing this question, please discuss the November 1974 and August 1976 STRs noting chest pain and congestion. A complete rationale should be given for all opinions and conclusions expressed. If unable to provide a medical opinion, provide a statement as to whether there is any additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based upon the limits of medical knowledge. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Saumur, 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.