Citation Nr: 21042707
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 17-22 573
DATE: July 13, 2021

REMANDED

The issue of a rating in excess of 50 percent for sleep apnea with asthma and allergic bronchitis is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from July 1972 to May 1976 and January 1978 to July 1978.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In February 2019, July 2020, and April 2021, the Board remanded the appeal for additional development.  

The issue of a rating in excess of 50 percent for sleep apnea with asthma and allergic bronchitis is remanded. 

In April 2021, the Board remanded the appeal to schedule the Veteran for a VA respiratory examination to determine the current severity of his sleep apnea with asthma and allergic bronchitis.  Specifically, in the April 2021 Board remand directives, the Board directed an examiner to perform a pulmonary function tests and exercise capacity test, as the prior October 2020 examination report did not contain an exercise capacity test.

Moreover, in the April 2021 Board remand, it indicated that the October 2020 examination report did not provide sufficient clinical findings to rate the Veteran's bronchitis, as under Diagnostic Code (DC) 6600 provides for an increased disability rating of 60 percent when maximum oxygen consumption is 15 to 20 ml/kg/min (with cardiorespiratory limit).

Pursuant to the April 2021 Board remand, in May 2021, the Veteran was afforded a VA respiratory examination.  The May 2021 examiner did not perform an exercise capacity test or pulmonary function tests, but rather noted pulmonary function tests findings from a June 2019 VA treatment visit and from the October 2020 examination.

Therefore, there is no substantial compliance with the April 2021 Board remand directives and, thus, a remand is warranted for further development, to ensure compliance with the April 2021 Board remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

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Schedule the Veteran for a VA respiratory examination to determine the current severity of his service-connected sleep apnea with asthma and allergic bronchitis.  All necessary tests should be conducted.  The examiner must perform a pulmonary function tests and exercise capacity testing. The claims file must be sent to the examiner for review.

The examiner should examine the Veteran and provide findings in accordance with the currently applicable disability benefits questionnaire.  All opinions must be supported by a detailed rationale.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Castillo, 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.