Citation Nr: 0719117 Decision Date: 06/26/07 Archive Date: 07/05/07 DOCKET NO. 05-20 162 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to service connection for chronic obstructive pulmonary disease (COPD) secondary to asbestos exposure. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD S.R. Murphy, Law Clerk INTRODUCTION The veteran served on active duty from July 1958 to June 1962. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2003 rating decision of the Los Angeles, California, Department of Veterans Affairs (VA) Regional Office (RO). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND A review of the veteran's service personnel records shows that he served on the USS Frontier during active duty. The veteran contends that while serving aboard the USS Frontier he was exposed to asbestos and service connection should be established for COPD resulting from the exposure. In general, service connection is granted for disability resulting from disease or injury incurred in or aggravated by active military service. 38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303. In order to establish service connection for a claimed disorder, there must be competent evidence showing: (1) The existence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004), citing Hansen v, Principi, 16 Vet. App. 110 (2002); see also Hickson v. West, 12 Vet. App. 247, 253 (1999). In this case, the record reflects that the veteran has been given a diagnosis of COPD by a competent medical specialist. Although there is a diagnosis of COPD, in order for service connection to be granted there must be evidence of nexus to in-service asbestos exposure or any in-service disease. In March 2004 a VA physician examined the claims folder and noted that "asbestos exposure is not likely to be the cause of the lung disease, but smoking is likely to be the cause of the lung disease." Although this opinion makes no indication of a nexus, a later opinion did make reference to a nexus. In December 2005 a private physician noted that "exposure to asbestos during military service could have contributed to his current debilitating pulmonary disease." Although this opinion was received by the RO, a supplementary statement of the case (SSOC) was not issued to indicate that the information had been considered. Since it does not appear the veteran waived RO consideration of this evidence, the issue must be remanded for consideration of all evidence. A review of the record also reveals that the veteran is receiving disability benefits from the Social Security Administration (SSA), but it does not appear that the RO has attempted to access the SSA records. VA has an obligation to obtain those records if it appears, like here, that they may be relevant to the issues presented. See U.S.C.A §5103A; 38 C.F.R. § 3.159(c); see also Tetro v. Gober. 14 Vet. App. 100, 110 (2000) (holding that VA has a duty to request information and pertinent records from other Federal agencies, when on notice that such information exists). Additional development of the record is required in this case. This includes obtaining the veterans SSA records, as well as reviewing and considering the all physician opinions with regards to the claimed disability. In view of the foregoing, the Board believes that further development is in order and the case is REMANDED for the following actions: 1. VA should again request from the veteran a comprehensive and detailed statement regarding his exposure to asbestos while serving active duty. The veteran should specifically be asked to detail the nature of his duties while serving aboard the USS Frontier. 2. VA should arrange for the veteran to be examined by a physician knowledgeable in respiratory disorders. The examination report should reflect a review of pertinent material in the claims folder. If the examiner believes that COPD is an appropriate diagnosis, he or she should comment explicitly on whether there is a link between reported in-service exposure to asbestos and any current diagnosis of COPD. The report should be included in the claims folder. 3. VA should contact SSA and obtain a copy of any decision regarding the veteran's claim for disability benefits, as well as any medical records in its possession. 4. After completing any additional development deemed necessary, VA should once again review the record and readjudicate the claim for entitlement to service connection for COPD on the basis of all the evidence on file and all governing legal authority. If the benefit sought is not granted to the veteran's satisfaction, he and his representative must be provided with a supplemental statement of the case and be given an opportunity for response. Then the case should be returned to the Board for further review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006). ____________________________________________ V. L. Jordan Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2006). Department of Veterans Affairs