Citation Nr: 21029250 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 15-36 614 DATE: May 13, 2021 REMANDED Service connection for asthma, to include secondary to asbestos exposure is remanded. Service connection for COPD, to include as secondary to asbestos exposure is remanded. Service connection for a left hip replacement, to include as secondary to medication taken for asthma and chronic obstructive pulmonary disease (COPD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1955 to October 1958. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision. The Veteran testified before the undersigned Veterans' Law Judge in May 2018. A transcript of the hearing is of record. The Board remanded the claims for further development in July 2018. The Board finds that there has not been substantial compliance with the remand directives and further remand is in order. Stegall v. West, 11 Vet. App. 268 (1998). Asthma and COPD In response to the July 2018 Board remand, the Veteran underwent a VA examination in May 2019 to determine the etiology of his diagnosed asthma and COPD. The examiner ultimately concluded that it was less likely than not that the Veteran's current asthma and COPD were related to the Veteran's service. The examiner based this conclusion on the fact that the Veteran's military occupational specialty (MOS) as a deck hand bears a low probability of asbestos exposure and there were no respiratory/pulmonary complaints or diagnosis in the service treatment records during active duty. However, this rationale ignores the competent and credible testimony from the Veteran in his May 2018 Board hearing that he experienced shortness of breath while running during basic training. Additionally, the regional office (RO) has already conceded asbestos exposure in-service, therefore, the fact that the examiner relied on the fact that a deck hand bears low probability of exposure to asbestos does not consider that this exposure has already been conceded. As a result, the Board finds that the May 2019 VA examination is inadequate for adjudication purposes and remand for a new examination is warranted. Left Hip The medical evidence of record suggests that the Veteran's left hip disability may be related to his asthma and COPD. Accordingly, the Board finds that the issue of service connection for a left hip replacement is inextricably intertwined with his claim for service connection for asthma and COPD. Therefore, the appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending the adjudication of the inextricable intertwined claim. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Then, obtain an addendum opinion from an appropriate medical professional to regarding the nature and etiologies of his asthma and COPD. The claims file, to include a copy of this remand must be made available to and reviewed by the clinician. The clinician must opine as to the following: (a.) Is it as least as likely as not that the Veteran's asthma began during active service or is related to an in-service event or injury, to include the conceded asbestos exposure? (b.) Is it as likely as not that the Veteran's COPD began during active service or is related to an in-service event or injury, to include the conceded asbestos exposure? A rationale for all opinions must be provided. (Continued on the next page) If the clinician finds that another examination is necessary to provide the requested opinions such should be scheduled. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jorge Barroso, Associate 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.