Citation Nr: 22017227 Decision Date: 03/24/22 Archive Date: 03/24/22 DOCKET NO. 19-36 374 DATE: March 24, 2022 ORDER Entitlement to service connection for interstitial lung disease is granted. REMANDED Entitlement to service connection for COPD is remanded. FINDINGS OF FACT 1. The evidence is at least in equipoise that the Veteran was exposed to asbestos during active service. 2. The Veteran's interstitial lung disease is related to exposure to asbestos. CONCLUSION OF LAW The criteria for entitlement to service connection for interstitial lung disease have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Air Force from January 1956 to January 1960. This matter comes before the Board from a February 2017 rating decision. The Veteran initially requested a personal hearing before a Veterans Law Judge. However, in a statement dated in January 2022, he withdrew that request. 1. Entitlement to service connection for interstitial lung disease The Veteran contends he has a respiratory condition related to asbestos exposure in-service. The Veteran served as an electrician and claims he worked with wires which were coated in asbestos as part of his job. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active military service in the line of duty. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or an injury; and (3) a causal relationship ("nexus") between the current disability and the disease or injury in service. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The record indicates the Veteran had a diagnosis of interstitial lung disease (ILD) in January 2020. While it is unclear whether this is an active disability, the Veteran had a diagnosis within the appeal period. Romanowsky v. Shinseki, 26 Vet. App. 289, 293 (2013). The first Shedden element has been satisfied. The Veteran's personnel records indicate he served as an electrician. Multiple VA examiners have suggested that his in-service work as an electrician exposed him to asbestos. Thus, based on the nature and circumstances of his service and the medical and lay statements, and after resolving all doubt in his favor, the Board finds that the Veteran was exposed to asbestos in service. There is no competent evidence to the contrary. Turning to the third Shedden element, a June 2020 VA examiner indicated that the Veteran has two distinct respiratory conditions. He has emphysema caused by cigarette smoking. He attributed the Veteran's COPD and related symptomatology to the emphysema. There was also evidence of interstitial lung disease that was at least as likely as not caused by asbestos exposure. The examiner noted that prior imaging revealed interstitial prominence consistent with a diagnosis of asbestosis. The Board finds the evidence supports a finding the Veteran was exposed to asbestos during his military service, that he had a diagnosis of ILD during the pendency of his appeal, and that his diagnosed ILD is at least as likely as not related to his military service. Service connection for ILD is warranted. REASONS FOR REMAND Entitlement to service connection for COPD The Veteran indicated there are outstanding VA treatment records, including a January 2022 computerized topography (CT) scan, which he requested be reviewed in evaluating his claim. This scan is not of record. Thus, a remand is required to acquire the outstanding treatment records. Further, the Veteran is service connected for ILD as of this decision. While the June 2020 VA examiner attributed the Veteran's COPD to smoking cigarettes, an opinion as to whether the Veteran's COPD has been aggravated by his ILD is now needed. The matters are REMANDED for the following action: 1. Obtain the Veteran's outstanding VA treatment records, specifically the January 2022 CT scan. 2. Obtain an opinion from an appropriate clinician to determine the nature and etiology of his COPD. After reviewing the claims file, and physical examination if deemed necessary, the examiner should provide an opinion as to whether it is at least likely as not, or an approximate balance of evidence, that the Veteran's emphysema/COPD: (a.) was proximately due to the Veteran's service connected ILD. (b.) underwent any incremental increase in disability, regardless of its permanence, due to the service connected ILD. The term "incremental increase in disability" means additional impairment of earning capacity. Objective measurement, or numerical quantification, is not required to ascertain an increase in disability. Moreover, any "incremental increase in disability" need not be permanent. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Rekowski 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.