15-33 784
15-33 784
| Board of Vet. App. | May 31, 2017Background
- Veteran served on active duty 1954–1969 and 1969–1975 and applied for service connection for asbestosis.
- February 2015 VA exam attributed asbestosis to service; March 2015 RO granted service connection but assigned a noncompensable rating based on PFT (DLCO SB) results.
- Veteran filed a June 2015 Notice of Disagreement arguing the rating was incorrect and his condition had worsened.
- In April 2017 the Veteran submitted private August 2016 PFTs showing a lower DLCO, but the private report cautioned that the session was poor quality and results required cautious interpretation.
- The Board found the August 2016 test results unreliable and ordered additional development: obtain updated records and a VA examination to clarify current severity and resolve disparate PFT results.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to an initial compensable rating for asbestosis | The Veteran asserts the rating is too low and submitted new PFTs showing worsened DLCO | VA relied on earlier PFTs and the March 2015 noncompensable rating; the August 2016 PFTs are of poor quality and unreliable | Remanded for further development: obtain records and provide a VA exam to determine current severity and reconcile disparate PFTs |
Key Cases Cited
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence/argument after remand)