Citation Nr: 22018528
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 16-62 671
DATE: March 29, 2022

REMANDED

Entitlement to a rating in excess of 30 percent for asthma is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1991 to June 1996 and from March 1997 to August 2001. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In June 2019, the Veteran testified at a travel Board hearing before the undersigned Veterans Law Judge (VLJ).  A copy of the transcript has been associated with the Veteran's electronic claims folder. 

In February 2021, attorney Alexandra Jackson indicated that pursuant to the Veteran's request, she was withdrawing her representation.  The Veteran has not appointed a new representative.  

Entitlement to a rating in excess of 30 percent for asthma is remanded.

In June 2020, the Board remanded the matter to afford the Veteran a VA examination due to evidence of worsening of symptoms since his last examination.  

A May 2021 email correspondence between the RO and the Veterans Evaluation Services (VES) clarifications department indicates that the Veteran had an examination in February 2021 but that the report was pending until the Veteran was rescheduled for a diagnostic test.  The VES representative indicated that the department was working to reschedule the Veteran as soon as possible.  

In August 2021, a VA respiratory examination report was issued (based on a February 2021 examination).  However, the report was issued without consideration of pulmonary function testing (PFT).  The examiner noted that the Veteran did not attend either of the scheduled diagnostic appointments and that the report was being sent "as is."  

There is no evidence that the Veteran was notified of a rescheduled PFT.  Therefore, the Board finds that a remand is necessary to obtain the requisite testing.  

The matters are REMANDED for the following action:

Schedule the Veteran for a VA pulmonary function testing (PFT) to determine the current severity of his asthma.  (Note the May 2021 email correspondence where it indicates that the Veteran was to be rescheduled for a PFT).

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A copy of the letter notifying the Veteran of the scheduled appointment should be associated with the electronic claims folder.

The examiner should explicitly comment as to whether the Veteran has FEV-1 of 40-55 percent predicted, or; FEV-1/FVC of 40 to 50 percent, or; at least monthly visits to a physician for required care of exacerbations, or; intermittent (at least three per year) course of system (oral or parenteral) corticosteroids.

 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Baskerville

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.