Citation Nr: 21013722
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 17-60 807
DATE: March 10, 2021

REMANDED

A compensable disability rating for asbestosis is remanded.

REASONS FOR REMAND

The Veteran served honorably in the United States Navy from July 1977 to August 1997.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2017 rating decision of a Department of Veterans Affairs Regional Office.  This appeal is being adjudicated under the legacy appellate framework.

The Veteran testified at a personal hearing before the Board in May 2020, and a transcript of the hearing is of record.

A compensable disability rating for asbestosis is remanded.

At issue is whether the Veteran is entitled to a compensable disability rating for asbestosis.  The Veteran last underwent a VA examination evaluating the Veteran’s asbestosis and providing the Veteran a pulmonary function test (PFT) in May 2017.  The Veteran testified at a personal hearing before the Board in May 2020 that his asbestosis had increased in severity since his most recent VA examination and requested a new VA examination and a new PFT.  See Transcript.  Therefore, this matter must be remanded for a new VA examination that describes the current severity of the Veteran’s asbestosis in sufficient detail in order to evaluate the Veteran’s claim.  Barr v. Nicholson, 21 Vet. App. 303 (2007).  

The matters are REMANDED for the following action:

1. First, arrange to provide the Veteran with a pulmonary function test.

2. Then, arrange to provide the Veteran with a VA examination (or if necessary, a telephone interview and a medical opinion based on the evidence of record) in order to determine the current severity of the Veteran’s asbestosis.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Seaton

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.