Citation Nr: 22051179
Decision Date: 09/08/22	Archive Date: 09/08/22

DOCKET NO. 16-58 492A
DATE: September 8, 2022

REMANDED

Entitlement to service connection for chronic obstructive pulmonary disease (COPD), to include as related to contaminated water exposure at Camp Lejeune, is remanded.

Entitlement to service connection for a low back disability is remanded.

Entitlement to service connection for a left knee disability is remanded.

Entitlement to service connection for a right knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1978 to November 1982.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision.

In June 2021 and December 2021, the case was remanded for additional development.  

Remand is again required to satisfy the duty to assist, specially a Francway request made in June 2022.

Initially, in the December 2021 Board remand, Department of Veterans Affairs (VA) medical opinions were requested to address the etiology of the Veteran's diagnosed COPD, back, and bilateral knee conditions.  The remand also directed the VA to request dates of service at Camp Lejeune from the Veteran. 

On review, it appears that a VA examiner determined that the Veteran served at Camp Lejeune from May 5, 1979 to March 13, 1980. It does not appear that indication of this service was associated with the record as directed by the remand. It would be helpful for the Board to have this information associated clearly with the record, although it can be taken as a favorable finding that the Veteran had service at Camp Lejeune as recognized by the RO in the April 2022 supplemental statement of the case. The Board will ask for this information to be associated with the record on remand.

Additionally, the June 2022 Appellate Brief raised a challenge to the competency of the examiner(s) who proffered the opinions pursuant to the prior remand regarding all service connection claims currently before the Board.  In Francway v. Wilkie, the Federal Circuit held that "[o]nce the request is made for information as to the competency of the examiner, the veteran has the right, absent unusual circumstances, to the curriculum vitae and other information about qualifications of a medical examiner," "mandated by VA's duty to assist." 940 F.3d 1304, 1308 (2019).  Remand is accordingly required to satisfy this duty. 

The matters are REMANDED for the following action:

1. Associate with the claims file the records verifying service at Camp Lejeune between May 1979 and March 1980, as recognized in the March 2022 VA examination and April 2022 supplemental statement of the case.

2. Obtain and associate with the record the curriculum vitae of examiners N. Grissom, F.N.P. and J. Bond, M.D., M.P.H.

3. Perform any other necessary development necessary, and if warranted, readjudicate the claims.

 

 

C.B. IWANOWSKI

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. C. KING

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.