Citation Nr: 21008659
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 17-63 122
DATE: February 17, 2021

REMANDED

Entitlement to an evaluation greater than 10 percent for residuals of lung cancer is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Army from July 1969 to January 1972.  This matter is on appeal from a June 2017 rating decision.  In December 2018 and April 2020, the Board remanded the appeal for additional evidentiary development.

Entitlement to an evaluation greater than 10 percent for residuals of lung cancer is remanded.

In September 2020, the Veteran was afforded a VA respiratory conditions examination.  The VA examiner indicated that the combination of the Veteran’s non-service-connected chronic obstructive pulmonary disease (COPD) and previous lung cancer results in significant shortness of breath, which severely limits moderate or heavy physical activity or work tasks.  The VA examiner indicated that COPD was primarily responsible for the functional limitations but indicated the Veteran’s residuals of lung cancer were likely “significantly contributory.”  The examination report indicates that the Veteran needs oxygen therapy and inhalers.  The VA examiner attributed the cause for these therapies to the Veteran’s COPD.  A pulmonary function test was also performed at the examination.  However, the level of impairment caused by each disability is not specified.  

The Board finds that the September 2020 VA examination is inadequate, because the VA examiner did not provide a rationale for the finding that the Veteran’s residuals of lung cancer did not require oxygen therapy or inhalers.  Additionally, the pulmonary function test results do not indicate the level of impairment caused by the Veteran’s service-connected residuals of lung cancer.  A remand is required for an adequate VA examination that specifies the level of impairment caused by the Veteran’s service-connected residuals of lung cancer.  Mittleider v. West, 11 Vet. App. 181, 182 (1998) (when effects of a service-connected and non-service-connected conditions cannot be distinguished, symptoms should be attributed to the service-connected condition).

The matters are REMANDED for the following actions:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected residuals of lung cancer.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  

The VA examiner should provide an opinion describing the symptoms, treatments, and any other relevant information necessary under the rating criteria attributable to the Veteran’s COPD and service-connected residuals of lung cancer.  If the examination in unable to separate the manifestations or treatment, he or she should so indicate.  A rationale must be provided for the opinion.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.R. Watkins, 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.