Citation Nr: 21025542 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 17-18 297 DATE: April 28, 2021 REMANDED Entitlement to service connection for pleural disease to include as due to asbestos exposure is remanded. REASONS FOR REMAND The Veteran served in the United States Army from July 1981 to July 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a decision by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified before the undersigned in a March 2020 Board hearing. The transcript of the hearing is of record. In June 2020, the Board remanded this matter to the AOJ for further development. 1. Entitlement to service connection for pleural disease to include as due to asbestos exposure is remanded. The Veteran seeks service connection for pleural disease, which he asserts is related to exposure to asbestos. At a March 2020 Board hearing, the Veteran testified that he was exposed to asbestos while working in a warehouse that was renovated while he was stationed at Fort Irvin. Medical records show that the Veteran has been diagnosed with interstitial lung disease (asbestosis). See October 2014 VA examination. In the June 2020 Board remand, the Board directed the AOJ to conduct any necessary development to verify any exposure to asbestos during the Veteran’s service, specifically at Fort Irvin. The Board requested that the AOJ to prepare a summary or memorandum based on verified information from appropriate official sources. In November 2020, it appears the AOJ made several requests for research and records related to the Veteran’s claimed exposure to asbestos. The AOJ received consistent responses that stated Military Records Services does not research requests for asbestos exposure. The responses instructed the AOJ to refer to the VA adjudication procedure manual for the proper procedure for developing claims for asbestos-related diseases. The Board notes that the AOJ failed to provide a summary or memorandum of its findings relating to any asbestos exposure and it is unclear whether the AOJ followed the proper procedure and exhausted all potential official sources in order to verify any asbestos exposure. In an April 2021 statement, the Veteran expressed his belief that he was exposed to asbestos at Fort Irwin in 1981. He stated that there was considerable construction going on at the time, and that at the warehouse where he worked, there were other individuals in white suits with masks up in the rafters. He reported that at the end of every day, he would blow the dust and clean up the mess made with the air compressor. He noted further that Fort Irwin was built in 1940 when just about all products were made with asbestos and that every base of that era used those products. The Board finds that a remand is required. The AOJ did not substantially comply with the June 2020 remand directives. First the record is unclear as to whether the AOJ followed proper procedures in verifying any asbestos exposure. Second, the AOJ failed to provide a summary or memorandum documenting its findings. A remand by the Board confers on an appellant the right to VA compliance with the terms of the remand order and imposes on the Secretary a concomitant duty to ensure compliance with those terms. See Stegall v. West, 11 Vet. App. 268, 271 (1998). As such, a remand is required. The matter is REMANDED for the following action: 1. The AOJ should conduct all necessary development to verify any potential exposure to asbestos during the Veteran’s service, including seeking information regarding whether Fort Irvin underwent renovations that involved the removal of asbestos during the Veteran’s service, notably in 1981. (a.) The AOJ must prepare a summary/memorandum based on verified information from appropriate official sources documenting its findings and providing a formal finding as to whether the Veteran was exposed to asbestos. 2. If asbestos exposure is verified, obtain an addendum opinion to determine the etiology of the Veteran’s interstitial lung disease (asbestosis). The examiner must provide the following opinion. (a.) Whether it is at least as likely as not that the Veteran’s current lung disease is at least as likely as not is causally or etiologically related to the Veteran’s period of active duty service, to include any exposure to asbestos. In rendering the opinions, the examiner should consider the statements of the Veteran regarding the symptoms of his lung disease to be competent. (Continued on the next page)   (b.) The examiner should provide a complete rationale for all opinions expressed and conclusions reached. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Robert Batten 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.