Citation Nr: 21024837
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 18-27 015
DATE: April 26, 2021

REMANDED

An increased disability rating higher than 30 percent for chronic obstructive pulmonary disease (COPD) is remanded.

REASONS FOR REMAND

The Veteran, who is the appellant, had active service from July 1964 to July 1966.  This matter is on appeal from a December 2016 rating decision.  

In the January 2020 decision, the Board, in pertinent part, granted an increased rating of 30 percent, and no higher, for COPD.  The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court or CAVC).  The Board's decision was partially vacated pursuant to a November 2020 Joint Motion for Partial Remand (Joint Motion or JMPR) on the basis that the Board erred in failing to obtain a contemporaneous examination to assess the current severity of COPD when there was evidence of worsening since the last VA examination in October 2016, and failed to ensure that VA satisfied its duty to assist in obtaining potentially outstanding treatment records (i.e., treatment records since February 2019).  To comply with the directives of the JMPR, this remand is for another VA examination and to obtain updated treatment records.  

The matter is REMANDED for the following actions:

1.   Obtain VA treatment records for the period from February 2019 to the present.  

2.  Ask the Veteran to complete a VA Form 21-4142 for any private treatment received for COPD since 2016 and request any identified and authorized records.  

3.  Schedule an examination to help determine the current severity of the service-connected COPD.    

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Palmer, 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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.