Citation Nr: 21010035 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 10-12 955 DATE: February 23, 2021 REMANDED The appeal for service connection for a respiratory disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1977 to April 1985. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a February 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Veteran and his wife testified at a hearing in December 2011 before the undersigned Veterans Law Judge. The transcript is of record. Entitlement to service connection for a respiratory disorder. The appeal has been remanded by the Board on multiple occasions, most recently in December 2019. Unfortunately, a remand is required once again. The December 2019 remand specifically directed that the VA examiner address the Veteran’s conceded exposure to asbestos and contended exposure to solvents during his eight years of service as a mechanic. The Board acknowledges that the January 2020 VA examiner essentially offered a negative opinion regarding exposure to asbestos, albeit on the wrong form; however, the question of whether any current disorder may be related to exposure to solvents in service, remains unanswered. The January 2020 VA examiner did not discuss the Veteran’s exposure to solvents, at all. Further, as noted by the Veteran’s representative in the October 2020 Informal Hearing Presentation, the January 2020 VA examiner did not address the favorable February 2013 independent medical opinion which indicated that long-term asbestos exposure contributed to the Veteran’s overall deterioration of health. For these reasons, the appeal must be remanded once again. See Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Obtain a VA medical opinion with respect to the etiology of any currently diagnosed respiratory disability. All pertinent evidence of record must be made available to and reviewed by the examiner, with an examination of the Veteran performed only if deemed necessary by the examiner providing the opinion. The examiner is asked to address whether it is at least as likely as not (a 50 percent probability or greater) that any currently diagnosed respiratory disorder (particularly COPD and emphysema) began in service, was caused by service, or is otherwise related to service. The examiner must explicitly address the Veteran’s conceded exposure to asbestos and contended exposure to solvents during his eight years as a mechanic. The examiner should specifically consider and address the February 2013 independent medical opinion finding that long term effects of asbestos exposure contributed to an overall deterioration of the Veteran’s health. The supporting rationale for all opinions expressed must be provided. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Donna D. Ebaugh, 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.