Citation Nr: 21010645 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 16-38 426 DATE: February 25, 2021 REMANDED Entitlement to an initial compensable rating for asthma is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1981 to September 1985, with additional service in the Air National Guard. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision by a Department of Veterans Affairs Regional Office (RO). In March 2020, the Veteran testified at a Travel Board hearing before the undersigned. A copy of the transcript of that hearing has been associated with the claims file. In June 2020, the Board remanded this case and instructed the Agency of Original Jurisdiction (AOJ) to obtain updated VA medical records. The Board notes that updated VA medical records have been associated with the claims file. Accordingly, after reviewing the actions of the AOJ, the Board finds there was substantial compliance with the requested development. Dyment v. West, 13 Vet. App. 141 (1999); Stegall v. West, 11 Vet. App. 268 (1998). Asthma The Veteran seeks entitlement to an initial compensable rating for his service-connected asthma. The Veteran last underwent a VA examination in June 2016. At that time, the Veteran denied any breathing problems. He did report that he contracted bronchitis more easily, but not on an annual basis. In addition, the Veteran reported an annoying dry cough. The Veteran’s respiratory condition did not require the use of an oral or parenteral corticosteroid medication, or required the use of inhaled medications. No current pulmonary function testing (PFT) test was conducted. Instead, the examiner noted prior October 2015 VA examination results which had revealed pre-bronchodilator results of FEV-1 of 84 percent predicted and FEV-1/FVC of 96 percent predicted. Post-bronchodilator results revealed FEV-1 of 91 percent predicted and FEV-1/FVC of 97 percent predicted. The examiner noted that FEV-1/FVC most accurately reflected the Veteran’s level of disability. As noted above, this case was remanded in June 2020 in order to obtain updated VA medical records. In this regard, at the time of the June 2020 Board Decision, the most recent VA medical record associated with the claims file was dated October 2015. A review of the VA medical records received since the June 2020 Board Decision includes a July 2016 VA medical record showing the Veteran reported developing pneumonia more easily, and that he developed pneumonia on a yearly basis. He currently denied any dyspnea or cough, and a physical examination revealed lungs clear to auscultation with normal rate and respiratory effort. The Veteran was started on daily Omeprazole. See VA Medical Records Received June 2020. A later July 2016 VA medical record shows the Veteran reported going to a walk-in clinic over the weekend for bronchitis, and that he was started on Prednisone (corticosteroid), Tessalon Perles (benzonatate) and an antibiotic. A follow-up August 2016 VA medical record shows the Veteran complained of a continued cough and reported that his expectoration was less yellow. The Veteran was advised that his cough could persist for a while following treatment. The physician noted that a PFT would need to be obtained. Thereafter, an October 2016 VA medical record shows the Veteran stated that he wanted to put off any lung testing at that time. See VA Medical Records Received June 2020. VA medical records dated November 2016 and January 2018 show the Veteran denied any dyspnea, and in January 2019, the Veteran denied any dyspnea, cough, wheezing or shortness of breath. A March 2019 VA medical record shows the Veteran was not found to have shortness of breath or orthopnea, and his exercise tolerance was not found to be limited. Additionally, no wheezes of rhonchi were exhibited. See VA Medical Records Received June 2020. However, in a March 2020 brief, the Veteran reported that he currently had a persistent dry cough, wheezing, and difficulty in regaining minimum oxygen saturation levels. During his March 2020 Board hearing, the Veteran testified that he currently had a persistent, chronic dry cough that was exacerbated by increased exercise or being in a dry environment. In addition, the Veteran reported having “wheezing episodes” when exercising and when his heart rate hit a certain point. Evidence of a change in the condition or allegation of worsening of the condition renders an examination inadequate for rating purposes. Palczewski v. Nicholson, 21 Vet. App. 174, 182 (2007); see also Proscelle v. Derwinski, 2 Vet. App. 629 (1992). In consideration that the last PFT was performed in October 2015, that the Veteran had received treatment for a respiratory condition following his most recent June 2016 VA examination, and given the Veteran’s assertion that his asthma condition had worsened since his last VA examination, the Board finds that a remand is warranted for a new VA examination. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The matter is REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran’s VA treatment facilities, and all private treatment records from the Veteran not already associated with the file. 2. Then, schedule the Veteran for an examination by an appropriate examiner to determine the current nature and severity of his service-connected asthma. The examiner should review pertinent documents in the Veteran’s claims file and this Remand in connection with the examination. All indicated studies should be completed, and all pertinent symptomatology and findings must be reported in detail. Any indicated diagnostic tests and studies must be accomplished. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Lamb, 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.