Citation Nr: 22016221
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 17-33 758
DATE: March 21, 2022

REMANDED

Entitlement to service connection for a respiratory disability, to include asthma, is remanded.  

REASONS FOR REMAND

The Veteran had active service from January 1977 to May 1988.  The Veteran had additional duty with the Maryland Army National Guard. 

Entitlement to service connection for a respiratory disability, to include asthma, is remanded.   

The service treatment records reflect that the Veteran was found to have lung abnormalities.  An April 1986 chest X ray study revealed findings consistent with old granulomatous disease of the lungs.  

The report of a September 2021 respiratory examination conducted for the Department of Veterans Affairs (VA) states that the Veteran was diagnosed with asthma and chronic obstructive pulmonary disease.  The examiner concluded that "the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness."  The physician assistant commented that: "to establish a direct service connection, the Veteran's Benefit Administration requires evidence of a recurrent chronic symptomatology and/or diagnosis while on active duty as well as continuity of care and chronicity in the years post separation;" "based on above timeline, Veteran does not meet these VBA requirements as medical records are silent for any complaints, diagnosis or treatment of asthma while on AD and 1 year post separation;" "Veteran diagnosed with asthma and given prescriptions for MDIs and nebulizer;" "this diagnosis was rendered 23 years post separation.;" "therefore, claimed condition of asthma did not originate during his period of active service nor is it otherwise etiologically related to his active service;" and "the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness."  The examined did not address the relationship between the diagnosed respiratory disabilities and the documented in service granulomatous disease of the lungs.  In light of the cited deficiency, the Board of Veterans' Appeals (Board) finds that the examination report is of limited probative value. 

VA's duty to assist includes, in appropriate cases, the duty to conduct a thorough and contemporaneous medical examination which is accurate and fully descriptive. McLendon v. Nicholson, 20 Vet. App. 79 (2006); Green v. Derwinski, 1 Vet. App. 121, 124 (1991).  When VA undertakes to obtain an evaluation, it must ensure that the evaluation is adequate.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  The Board finds that further VA respiratory evaluation is needed.

The matter is REMANDED for the following action:

Schedule the Veteran for a VA respiratory examination conducted by a medical doctor to assist in determining the nature and etiology of any identified recurrent respiratory disability.  The examiner must review the record and should note that review in the report.  A rationale for all opinions should be provided.  The examiner should: 

(a)  Identify all respiratory disabilities found.    

(b)  Opine whether it is at least as likely as not (a 50 percent probability or greater) that any identified recurrent respiratory disability had its onset during active service/active duty or is related to any incident of service including the documented in service granulomatous disease of the lungs.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.R. Kardian, 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.