Citation Nr: 22018299 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 16-17 381 DATE: March 28, 2022 REMANDED Entitlement to an initial increased evaluation in excess of 10 percent prior to May 19, 2021, and 30 percent thereafter for chronic restrictive lung disease with interstitial lung disease is remanded. REASONS FOR REMAND The Veteran had active service from June 1976 to February 1985, September 8, 2008 to March 6, 2009, and August 27, 2012 to August 28, 2013. This case comes to the Board of Veterans' Appeals (Board) from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office. During the pendency of the appeal, in a July 2021 rating decision, the RO increased the Veteran's evaluation for his service-connected condition to 30 percent, effective May 19, 2021. Following, in a January 2022 decision, the RO increased the evaluation to 10 percent effective August 1, 2012, and 30 percent from May 19, 2021. The claim was previously remanded in September 2018 and April 2021 for further development. It has since been returned to the Board for appellate review. While the Board regrets further delay of the claim, a review of the claims file reveals that remand is necessary once again. Specifically, the claim must be remanded for compliance with the previous Board directives. See Stegall v. West, 11 Vet. App. 268 (1998) (holding that a remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand order). In the April 2021 remand, among several things, the Board instructed the RO to obtain an opinion that specifically discussed the Veteran's testing during his period of service from August 2012 to August 2013, including the March 2013 PFT results; any test results found from April 2014; the September 2015 private evaluation; and the October 2020 VA examination, to include indicating what PFT results best represented the Veteran's disability levels during those times. In July 2021 VA medical opinions obtained by the RO, it appears the examiner focused on evidence related to the Veteran's service-connected condition that was outside the appeal period. While he singularly noted repeated PTFs in October 2020, the examiner did not provide an explanation or render any other thoughts concerning this record. Further, he did not provide the information requested in the previous remand concerning PFT results that best represent the Veteran's disability from August 1, 2012 to August 27, 2012 and August 29, 2013 to the present (except for that noted in the May 2021 VA examination). Moreover, the RO was instructed to attempt to retrieve the Veteran's pulmonary function testing on April 10, 2014, which is referenced to in the Veteran's El Paso VA Health Care System records. However, if no such test results could be found, the RO was instructed to document all efforts to find these records and make a formal finding that the records are unavailable. It does not appear the RO attempted to obtain these documents. Moreover, there is no formal finding in the claims file to indicate the records are unavailable. For these reasons, remand is necessary once again. The matter is REMANDED for the following action: 1. The Agency of Original Jurisdiction (AOJ) should search all appropriate databases to obtain the results of the Veteran's pulmonary function testing on April 10, 2014, which are referenced in the Veteran's El Paso VA Health Care System records. If no such test results can be found, document all efforts to find these records and make a formal finding that these records are unavailable. 2. After the foregoing development, the AOJ should request an addendum medical opinion from a suitable VA examiner. The Board notes that, if it is found that a new VA examination must be held prior to providing an opinion, the Veteran should be scheduled for such an examination. The examiner must be provided access to the Veteran's entire claims file and must specify in the report that the claims file has been reviewed, including all past PFT results. The examiner should then address: a) For all periods included in the appeal (August 1, 2012 to August 27, 2012, and August 29, 2013 to the present), what PFT results best represent the Veteran's disability levels? Please specifically discuss the Veteran's testing during his period of service from August 2012 to August 2013, including the March 2013 PFT results; any test results found from April 2014; the September 2015 private evaluation; and the October 2020 VA examination. b) The examiner is also asked to discuss which test result is most representative of the Veteran's disability level. It is noted to the examiner that the Veteran's disorder is rated under Diagnostic Code 6845, for restrictive lung disease, which uses either FEV-1, FEV-1/FVC, or DLCO to rate the disability. If a different test result is found to most accurately reflect the disability level, the examiner is asked to explain why, and whether the other test results are also accurate reflections of the Veteran's disability level. A complete rationale must be provided for all opinions expressed. 3. After completing these actions, the AOJ should ensure that there has been compliance with the foregoing directives and conduct any other development as may be indicated. B. G. LeMoine Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M. Walker 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.