BVA9505344 DOCKET NO. 94-39 050 DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to service connection for pulmonary disease, to include as secondary to asbestos exposure. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and spouse ATTORNEY FOR THE BOARD James L. March, Associate Counsel INTRODUCTION The veteran had active service from August 1958 to September 1966. This appeal comes to the Board of Veterans' Appeals (Board) from a December 1993 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. REMAND The veteran alleges that his pulmonary disease was caused by asbestos exposure during service. The veteran worked as a missile technician during service, and exposure to asbestos is conceded. The Board notes that there has been no clinical diagnosis of asbestos-related pulmonary disease. However, VA X- rays taken in October 1992 revealed subsegmental atelectasis of the left lower lung with scarring, and pleural thickening at both costophrenic angles. As the veteran points out, these are signs which may indicate asbestos-related disease. Although VA and the veteran's private physician have treated him for chronic obstructive pulmonary disease (COPD)--a disease which has not been attributed to asbestos exposure, the Board believes that a thorough VA pulmonary examination should be conducted to determine whether his pulmonary disorder is asbestos related. In light of the foregoing circumstances, the Board concludes that further RO actions are warranted. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who may possess additional records pertinent to his claim. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which have not been previously secured. 2. Then, the RO should arrange for a VA examination of the veteran by a board- certified pulmonary specialist, if available, to determine the current nature and severity of the veteran's pulmonary disease. It is imperative that the claims folder and a copy of this Remand be provided to the examining physician for review prior to the examination. All indicated studies should be conducted. The examiner should render an opinion as to whether it is at least as likely as not that the veteran has an asbestos-related pulmonary disease. 3. Thereafter, the RO should undertake any other indicated development and readjudicate the issue of entitlement to service connection for pulmonary disease, to include as secondary to asbestos exposure. If the benefit sought on appeal are not granted to the veteran's satisfaction, the veteran and his representative should be issued a supplemental statement of the case and be afforded a reasonable opportunity to reply. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion as to any ultimate outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. ROBERT E. SULLIVAN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. 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) (1994).