Citation Nr: 21021553 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 16-16 375 DATE: April 13, 2021 REMANDED Entitlement to service connection for a respiratory disease is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from April 2011 to June 2012, followed by subsequent Reserve service, and additional mobilized active duty from March to October 2018. See, e.g., DPRIS response at p.3-4 of 128; Service records, March 2020. These matters come before the Board of Veteran’s Appeals (Board) on appeal from a February 2014 rating decision by the Regional Office (RO). Recently, a January 2021 rating decision granted service connection for left and right knee disabilities. As these knee claims have been granted in full, there remains no issue or controversy for decision on that claim. See Holland v. Gober, 10 Vet. App. 433, 436 (1997) (grant of service connection during the appellate process is “a full award of benefits on the appeal.”). Entitlement to service connection for a respiratory disease The Veteran asserts he has a respiratory disease due to his active service. Most recently, in October 2019, the Board remanded the claim so that certain service records could be obtained, the Veteran could be afforded an opportunity to identify records to be obtained, and so that a new VA medical opinion could be provided. Subsequently, the requested development was performed, the Veteran’s service personnel and treatment records were all associated with the claims file, and a March 2020 VA medical opinion was provided. The March 2020 VA examiner opined that the Veteran’s reported history of recurrent respiratory infection was not related to his active service because back at the time of the 2016 VA examination, he had no respiratory condition. The Board acknowledges that the Veteran’s service treatment records from his period of active duty from 2011 to 2012 show treatment for community acquired pneumonia, and for an upper respiratory infection. See, e.g., STR, received March 2020 at p.2, 3, 43, 58 of 147; STR, received February 2014 at p.1, 8-9, 14, 36-37. An August 2016 VA contract respiratory systems examination showed no current disability. During the May 2019 Board hearing, the Veteran reported that he was currently executing mobilization orders and was on active duty. He reported difficulty breathing and wheezing since the episode of pneumonia in boot camp. No physical examination was performed by the examiner in March 2020, and that there are no VA treatment records in the claims file. Rather, the file includes some Reserve medical records (around 150+ pages) spanning from 2010 to 2019. In light of all the above, the Board finds the matter should be remanded to provide the Veteran an opportunity for an in-person VA examination to clarify whether he currently has any respiratory disease, and if so, whether his documented complaints and treatment in service in 2011 and 2012 are the first manifestations of a respiratory disease or indicate a cause for any current disease. In addition, the January 2021 Supplemental Statement of the Case was returned as undeliverable. It appears the Veteran may have a new address, as reflected on March 2021 Board correspondence to the Veteran. On remand, the AOJ should seek clarification as to the Veteran’s current address, and send a copy of the January 2021 SSOC to that address. The matters are REMANDED for the following action: 1. Verify the Veteran’s current address – see, e.g., Board correspondence dated March 9, 2021. 2. Mail a copy of the January 2021 Supplemental Statement of the Case (SSOC) to the Veteran’s current address, as well as a copy of the December 6, 2019 RO letter to the Veteran which requested that he identify places of treatment. 3. Afford the Veteran a new VA examination to address the nature and etiology of his claimed respiratory disease. The complete claims folder must be provided to the examiner for review in conjunction with the examination, and the examiner must note that the claims folder has been reviewed. The examiner should opine as to whether it is “at least as likely as not” that any respiratory disease identified on examination is related to the Veteran’s active service. Direct the VA examiner’s attention to the Veteran’s documented pneumonia and upper respiratory infection during his active service from 2011 to 2012. See, STR, received March 2020 at p.2, 3, 43, 58 of 147; pp. 1-16 (including entries from August 2018 to November 2019; STR, received February 2014 at p.1, 8-9, 14, 36-37. Also direct the examiner’s attention to the Veteran’s testimony at the May 2019 Board hearing regarding experiencing shortness of breath and wheezing and that he was on active duty at the time. Any opinion must be accompanied by a complete rationale. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Juliano, 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.