Citation Nr: 21006743
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 19-23 635
DATE:  February 5, 2021

REMANDED

Entitlement to an initial compensable rating for a left lung disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1964 to February 1966. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in October 2020. A transcript of the hearing has been associated with the claims file.

The Board notes that the issue of entitlement to service connection for a left leg disability is also on appeal. However, that issue will be the subject of a subsequent Board decision.

The Veteran asserts that his left lung disability symptoms warrant a higher rating that that currently assigned. The Veteran’s most recent VA examination for his service-connected lung disability was performed in November 2018. He has since testified that his symptoms have worsened, causing congestion in his lungs, forcing him to require the assistance of a walker or a wheelchair, and causing him to stop working. Accordingly, the Board finds that a VA examination is warranted to ascertain the current severity of the Veteran’s left lung disability.

The matters are REMANDED for the following action:

1. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for an examination by an examiner with the appropriate expertise to determine the current level of severity of all impairment resulting from his service-connected left lung disability. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed, to include pulmonary function testing. The examiner should provide all information required for rating purposes.

3. Confirm that the VA examination report comports with this remand, and undertake any other development determined to be warranted. 

4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	I. Umez-Eronini, 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.