Citation Nr: 21008914 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 19-06 628 DATE: February 18, 2021 REMANDED Entitlement to a disability rating in excess of 30 percent for residuals of squamous cell lung cancer on and after March 1, 2016 is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from September 1965 to August 1967, including service in the Vietnam War.  The Veteran testified before the undersigned Veterans Law Judge during an October 2020 hearing and a transcript is of record.  This matter is on appeal from a December 2015 rating decision. 1. Entitlement to a disability rating in excess of 30 percent for residuals of squamous cell lung cancer on and after March 1, 2016 is remanded. The Veteran was last afforded a VA examination for his service-connected residuals of squamous cell lung cancer in April 2014, nearly seven years ago. During the October 2020 hearing, the Veteran testified that his lung cancer “got better and now it got worse” since that time. The record thus raises the possibility that the Veteran’s service-connected residuals of squamous cell lung cancer could now be more severe than the April 2014 examination report reflects. “Where the record does not adequately reveal the current state of the claimant’s disability, a VA examination must be conducted.” Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991). A remand for a new examination is thus warranted. In addition, during the October 2020 hearing, the Veteran testified that he continues to receive care for his lung disability through the University of Arkansas for Medical Sciences and that he was not sure whether he currently had active lung cancer. The most recent treatment records from that provider that have been associated with the claims file and are pertinent to the Veteran’s lung disability are from August 2018. On remand, the Agency of Original Jurisdiction (AOJ) should also attempt to obtain any outstanding treatment records from this provider. The matters are REMANDED for the following action: 1. Provide the Veteran with release forms for any outstanding medical records generated by the University of Arkansas for Medical Sciences and any other private treatment providers the Veteran saw for his lung disability during the period on appeal. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims folder. If the AOJ cannot obtain the records identified by the Veteran, a notation to that effect should be inserted in the file. The Veteran is to be notified of any unsuccessful efforts in this regard, in order to allow him the opportunity to obtain and submit those records for VA review. 2. Arrange for the Veteran to have a physical or telehealth examination by an appropriate clinician for the purpose of determining the current severity of his residuals of squamous cell lung cancer. The electronic claims file must be made available to the clinician for review. The clinician is to provide a detailed review of the Veteran’s pertinent medical history, current complaints, and the nature and extent of any symptoms of his service-connected residuals of squamous cell lung cancer. In particular, the clinician is requested to specify, to the extent possible, whether the Veteran’s cancer is currently malignant and, if not, when it ceased to be malignant. 3. Ensure that the directives specified in this remand have been implemented. If they have not, appropriate corrective action must be undertaken before readjudication. Stegall v. West, 11 Vet. App. 268 (1998) 4. Then, readjudicate the claim. If the decision is unfavorable to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response. Then, return the case to the Board. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Ryan Frank, 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.