Citation Nr: 1323606	
Decision Date: 07/24/13    Archive Date: 08/01/13

DOCKET NO.  09-27 697A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico


THE ISSUES

1.  Entitlement to secondary service connection for urinary incontinence.

2.  Entitlement to special monthly compensation based on loss of use of a creative organ.

3.  Entitlement to a total disability rating based on individual unemployability (TDIU).  


ATTORNEY FOR THE BOARD

T. Hal Smith, Counsel



INTRODUCTION

The Veteran had service in the Puerto Rico Army National Guard, with periods of active duty for training from April 30, 1984, to September 28, 1984, and from June 27, 1999, to July 11, 1999.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a March 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico.  

In August 2012, the Board remanded the claim for TDIU for additional evidentiary development.  The case has been returned to the Board for further appellate consideration.  

The following determination is based on review of the Veteran's claims file in addition to his Virtual VA "eFolder."  

The claim on appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  VA will notify the appellant if additional action is required on his part.


REMAND

The Veteran's claim for a TDIU must again be remanded for further development.  Although the Board regrets the delay, it is necessary to ensure due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration.  

The March 2008 Social Security Administration decision and the report of the April 2008 VA examination reflect that the Veteran has urinary incontinence and erectile dysfunction related to his service-connected low back disability.  While an October 2012 VA examination report indicates that there was no other neurologic abnormalities related to the low back (such as bowel or bladder problems), the earlier evidence raises claims for secondary service connection for urinary incontinence and special monthly compensation based on loss of use of a creative organ.

Before the Board may consider the claim for TDIU, the claims for secondary service connection and special monthly compensation must first be adjudicated as the results of these determinations may have an effect on the TDIU claim.

Accordingly, this case is REMANDED for the following action:

1.  After appropriate development, including providing VCAA notice and obtaining any necessary examinations, adjudicate the raised claims of secondary service connection for urinary incontinence and special monthly compensation based on loss of use of a creative organ.  Notify the Veteran of the decision and provide him his appellate rights.  

2.  If entitlement to service connection or special monthly compensation for additional disability/disabilities is established, obtain an updated medical opinion that determines whether it is at least as likely as not (50 percent or greater probability) that the Veteran is unable to secure or maintain substantially gainful employment as a result of his service-connected disabilities only.

3.  Following completion of the above, readjudicate the Veteran's claim for TDIU.  If action remains adverse to the Veteran, provide the Veteran with a supplemental statement of the case and allow an appropriate opportunity to respond.  Thereafter, the case should be returned to the Board for further appellate review, if in order.

The Veteran has the right to submit additional evidence and argument on the matter or matters that 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 that are remanded by the Board 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 2002 & Supp. 2012).



____________________________________________
BARBARA B. COPELAND
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board 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) (2012).


Department of Veterans Affairs