Citation Nr: 21006083 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-11 985 DATE: February 3, 2021 REMANDED Service connection for chronic airway obstruction (lung condition) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from September 1968 to November 1972. The matter is on appeal before the Board from an August 2014 rating decision. The Veteran and his spouse provided testimony at a Board hearing before the undersigned Veterans Law Judge in September 2019. A transcript of the hearing is of record. Service Connection for a lung condition The Veteran has a current lung condition that includes weak lungs, difficulty breathing, and cough, which he believes is the result of being exposed to asbestos while serving in the military. The Veteran’s DD 214 reflects that the Veteran served on board the USS O’Hare, and that his MOS was pipefitter. The Veteran submitted private medical records from January 2014, which reflect complaints from the Veteran of occasional shortness of breath over the previous year that was worse with exertion. The onset was gradual. Complaints of an intermittent dry cough were also noted. Reports from the Veteran of having worked on ships in the military were included. A diagnosis of chronic airway obstruction, not elsewhere classified, was provided for the Veteran. In January 2017 the Veteran underwent a VA examination, at which the examiner found that the condition claimed was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event or illness. The examiner rationalized that the Veteran’s chest x-ray and pulmonary function studies were entirely normal, and that there was no evidence of COPD or asbestosis. At the September 2019 Board hearing, the Veteran reported that he has had a dry cough since he served in the military. He noted that he had served on a destroyer that was built around 1940 that was full of asbestos, and that he was a welder for the steam system on the destroyer. He relayed that his service treatment records (STRs) reflected that he had hoarseness and a dry cough for two months in 1972. It was noted that the Veteran’s current cough was constant, but that no doctor had ever found a reason for the cough. In addition, the Veteran’s spouse explained that the Veteran does not go to the doctor very often. However, when asked the Veteran reported a willingness to attend a VA examination. A review of the Veteran’s STRs reflects that the Veteran was seen in July 1972 for complaints of throat trouble and hoarseness over the prior two months. It was noted that he did not have pain or a sore throat. A consultation sheet from July 10, 1972, specifically contained complaints of hoarseness over the previous two months with no related cough. An additional notation on the consultation sheet dated August 12, 1972, provided that the Veteran reported his symptoms having cleared up two to three weeks prior while coughing. His exam revealed a completely normal larynx. Based upon the foregoing, a remand is warranted to provide the Veteran with a new VA examination to determine if the Veteran has any current lung conditions that are related to or otherwise caused by his active military service, to include exposure to asbestos. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran’s claimed lung condition. The examiner should first provide diagnoses of any current lung conditions for the Veteran. Then the examiner should answer the following questions: (a.) Is it at least as likely as not (50 percent or greater probability) that any diagnosed lung condition began in or was otherwise caused by the Veteran’s active military service, to include as a result of his exposure to asbestos therein? Why or Why not? In providing an opinion, the examiner should take into account the Veteran’s July 1972 STRs, his private treatment records from January 2014, as well as his testimony provided in the September 2019 Board hearing. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Lutgens-Staley, 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.