Citation Nr: 21030285 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 10-32 901 DATE: May 18, 2021 REMANDED Entitlement to service connection for a lung condition is remanded. Entitlement to service connection for a disability manifested by facial sweating, to include as secondary to a lung condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1979 to December 1986, with subsequent service in the Virginia Army National Guard. This matter is before the Board of Veterans Appeals (Board) on appeal from March 2009 and May 2009 Rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington. These claims were most recently before the Board in January 2021, at which time they were remanded for development. They have been returned to the Board for appellate review. 1. The claims for entitlement to service connection for a lung condition, and for a disability manifested by facial sweating, to include as secondary to a lung condition, are remanded. Additional development must be completed before these matters can be finally adjudicated. The Veteran has credibly averred that she was exposed to asbestos in service, but adequate efforts have not been taken to verify the claimed exposure. The Board notes there are no VA regulations that specify degrees or estimated degrees of asbestos exposure based on a Veteran's military occupational specialty or other in-service factors; rather, exposure must be determined on a case-by-case basis, and that has not taken place in this case. This fact maligns the March 2020 VA examiner's opinion, which dismisses the possibility that the Veteran's current lung condition bears any etiological relationship to in-service asbestos exposure without consideration of the extent of that exposure. On remand, the RO must undertake adequate efforts to verify any in-service asbestos exposure, and the medical file must be forwarded to a VA physician for thorough review and opinions as to etiology, to include consideration of any confirmed in-service asbestos exposure. Finally, the Veteran's claim for service connection for a condition manifested by facial sweating secondary to her lung condition is inextricable intertwined with the claim for the underlying lung condition, insofar as a decision with respect to the latter may impact one with respect to the former. Therefore, the facial sweating claim must be remanded as well. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the appellant's claims. If any requested records are unavailable, the appellant should be notified to that effect. 2. Then, undertake and document all necessary steps to confirm the Veteran's claimed in-service asbestos exposure. 3. Then, forward the claims file to a VA examiner for review. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. The examiner should identify whether, on an at least as likely as not basis, (50 percent likelihood or greater,) any current lung disability is etiologically related to any aspect of active duty service, to include any confirmed in-service asbestos exposure. 4. Review the opinion to ensure that it is in complete compliance with the directives of this remand. If the opinion is deficient in any manner, the AOJ must implement corrective procedures. Stegall v. West, 11 Vet. App. 268, 271 (1998). 5. Then, readjudicate the claims remaining on appeal, including the claim for service connection for a disability manifested by facial swelling, to include as secondary to a lung condition. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.