Citation Nr: 21012209 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 15-15 177 DATE: March 3, 2021 REMANDED Entitlement to service connection for residuals of pneumonia and squamous cell carcinoma of the lungs (pneumonia) is remanded. REASONS FOR REMAND The Veteran served in the United States Army from September 1977 to July 1979 as an air defense radar operator. The Veteran died in June 2012. The Veteran’s surviving spouse was substituted for the Veteran in May 2013. The Board issued a remand order in October 2018 for further development. There has not been substantial compliance with the Board’s remand instructions. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board directed obtaining an addendum opinion provided to determine if exposure to fuel stored or refueled in military remote piloted aircraft (MRPA) either by the Veteran or in the Veteran’s general proximity while stationed at Fort Ord, California, was at least as likely as not (50 percent probability or greater) to have caused the Veteran’s lung cancer. The Board also directed obtaining a medical opinion on whether the Veteran’s claimed exposure to contaminants and toxins on or around the Veteran’s duty stations is at least as likely as not (50 percent probability or greater) to have caused the Veteran’s lung cancer. While the first remand instruction has been complied with, development has not yet been completed on the second. See December 2019 C&P Exam, see also December 2019 Correspondence. The service personnel records show that the Veteran served at Fort McClellan, Alabama from September 1977 to February 1978 (basic training); at Fort Bliss, Texas from February 1978 to March 1978 (air defense and infantry training); and at Fort Ord, California from March 1978 to July 1979 (duty as a radar operator). The Veteran submitted a National Cancer Institute article regarding asbestos and cancer risk and a U.S. Army April 1993 survey of buildings with asbestos at Fort Ord. The Board interprets the submission of this material as raising the issue of asbestos exposure as the cause for his lung cancer. The Veteran’s occupation as an air defense radar operator does not necessarily imply work in construction or maintenance on buildings with asbestos materials so as to expose the Veteran to friable fibers. Nevertheless, a medical opinion on whether the Veteran’s lungs showed indications of asbestos damage would be helpful in this case. The Veteran also submitted a statement that he served at Camp Ford, Texas, which he reported was surrounded by aluminum foundries, chemical plants and other industrial facilities and was exposed to contaminated water and asbestos. The Board finds that Camp Ford is a civil war era prisoner of war camp and not an active Army base to which the Veteran was assigned. However, Camp McClellan was situated near industrial facilities and (as noted) Fort Ord had buildings with asbestos material. The Veteran was treated for two days for pneumonia in December 1977 while stationed at Fort McClellan. Therefore, a medical opinion whether the Veteran’s lung cancer was caused by his presence on the bases for training or duty was consistent with respiratory exposure to industrial materials. The file contains documents and pictures from the internet that show Army airfields did exist near Fort Ord. Although service personnel records do not specifically mention fueling MRPA as part of the Veteran’s duties, he was assigned to an air defense unit as a radar operator. In December 2019, a VA occupational medicine physician noted that research and consensus in the medical community does not support cause or aggravation of lung cancer by exposure to aircraft refueling. The matters are REMANDED for the following actions: Assuming but not deciding for the purposes of the medical opinion only that the Veteran generally had some remote (non-occupational) respiratory contact with asbestos and industrial chemicals because of his presence at Fort McClellan and Fort Ord, request that a qualified medical examiner review the record and provide an opinion whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s lung cancer was caused by his claimed exposure to asbestos or industrial chemicals on or near the bases on which he performed active duty. The examiner is advised that the Veteran was competent to report his symptoms and reported activities and such reports must be considered and compared to other evidence of record. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Abels, Associate 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.