Citation Nr: 21012974 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 16-43 495 DATE: March 8, 2021 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded. Entitlement to service connection for asthma is remanded. Entitlement to service connection for a disability manifested by high cholesterol is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1974 to August 1977 and from November 1977 to November 1981, with additional service in the Reserves. The Veteran testified at a Board hearing in August 2019. However, following that hearing, it was determined that production of a complete transcript was not possible due to audio equipment malfunctions. The Veteran was notified of this issue and offered the opportunity to request a new hearing in November 2020. The Veteran did not respond within 30 days. The Board will now proceed with a review and adjudication of the issues. 1. Entitlement to service connection for COPD is remanded. 2. Entitlement to service connection for asthma is remanded. 3. Entitlement to service connection for a disability manifested by high cholesterol is remanded. 4. Entitlement to service connection for hypertension is remanded. The Board is unable to make an informed decision on the claims because additional development is necessary. During the Veteran’s August 2019 hearing, he indicated that he served in the National Guard and some of the claimed disabilities may be related to that service. The claim is remanded to obtain information on the Veteran’s National Guard service, to include duty dates and status and any related medical records. Additionally, the Veteran indicated that Social Security Administration (SSA) records exist that are not currently associated with the record. On remand obtain any outstanding SSA records and with the Veteran’s assistance, obtain all personnel and medical treatment records from the National Guard unit that the Veteran identifies that he served with. 5. Entitlement to service connection for a back disability is remanded. The Board is unable to make an informed decision on the issue of service connection for a back disability because additional development is necessary. In addition to the development above, it appears that the Veteran was not afforded a VA examination to provide and current diagnosis and nexus opinion for the Veteran’s back disability documented in his service treatment records. On remand a VA examination is warranted. The matters are REMANDED for the following action: 1. Contact the Veteran, and, with the Veteran’s assistance identify any National Guard or Reserve unit he may have served with. Then contact the appropriate agency to obtain the Veteran’s personnel and medical records. 2. Specifically identify the Veteran’s periods of service and related duty status. 3. Contact SSA and obtain copies of any outstanding records and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the record should be notated. 4. After completion of the foregoing, obtain an opinion from an appropriate VA examiner on the likely etiology of Veteran’s back disability. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) one should be scheduled. Before the examination, the AOJ must specifically provide the examiner with the Veteran’s periods of service and related duty status. After reviewing record, the examiner is asked to answer the following questions: Is it at least as likely as not (50 percent probability) that any currently diagnosed back disability was incurred in or is otherwise related to service? If so, the examiner must specifically state the period of service considered. A complete rationale must be provided for all opinions, citing to supporting factual data and medical literature, as appropriate. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training) and note what, if any, additional evidence would permit such an opinion to be made. 5. Confirm that the VA medical opinion provided comports with this remand, and undertake any other development determined to be warranted. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. G. Perkins, 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.