Citation Nr: 21007642
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 16-48 218
DATE: February 10, 2021

REMANDED

Entitlement to service connection for asbestosis is remanded.

REASON FOR REMAND

The Veteran served in the Marines Corps Reserves, serving on active duty for training (ACDUTRA) at various times throughout 1972-1973.  This matter is on appeal to the Board of Veterans’ Appeals (Board) from a May 2012 rating decision.

In December 2019 the Board remanded this matter to obtain a copy of a May 2012 VA examination that was referenced in the May 2012 rating decision.  Further investigation shows that this reference was to an examination for other claimed conditions and the Veteran has never been provided a VA examination for his asbestosis.  The Board cannot make a fully-informed decision on the issue of service connection for asbestosis because no VA examiner has opined whether his asbestosis is related to any injury or disease occuring during his periods of ACDUTRA.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination for his asbestosis.  The examiner must review the claims file.

If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion below.

The examiner is asked to provide a response to the following:

Is the Veteran’s asbestosis at least as likely as not related to service, including exposure to asbestos fibers from gloves worn while working with machine guns?  

Provide a rationale to support the opinion.  

In providing the requested opinion, consider the Veteran’s description of his in-service injury and symptoms as well as his post-service symptoms.  If there is any medical reason to accept or reject the proposition that the Veteran’s reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted.  Stated another way, do the Veteran’s reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran’s reports generally inconsistent with medical knowledge or implausible?

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If any benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and 

 

3. provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Zimmerman

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.