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miner's disabling impairment was attributable to coal mine employment was based on precisely the same reasoning underlying his finding of pneumoconiosis, that finding is also vacated and should be
reconsidered on remand as well. We note that the employer raises
numerous specific challenges to the credibility of the reports of Drs.
Ranavaya and Rasmussen on appeal. Many of these challenges do not
bear on the causation questions at issue in this appeal, and most of the
arguments were waived by the employer's failure to raise them before
the Board. See South Carolina v. United States Dept. of Labor, 795
F.2d 375, 378 (4th Cir. 1986). We agree with employer, however, that
on remand the ALJ should discuss the tension between his finding
that the x-ray evidence was insufficient to establish pneumoconiosis
and his decision to rely on the reports of Drs. Ranavaya and Rasmussen, who partly based their findings of pneumoconiosis on positive xray evidence.
Accordingly, the decision of the Board is vacated and this case is
remanded to the Board with instructions to further remand it to an
ALJ for proceedings consistent with this opinion. We dispense with
oral argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
VACATED AND REMANDED WITH INSTRUCTIONS
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