Citation Nr: 18140016 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 15-42 601 DATE: October 2, 2018 ORDER New and material evidence has been submitted to reopen a claim for service connection for a right shoulder, neck and arm disability. REMANDED Entitlement to service connection for a right shoulder, neck and arm disability is remanded. Entitlement to Special Monthly Compensation (SMC) to include aid and attendance and housebound benefits is remanded. Entitlement to a temporary total rating based upon convalescence following right shoulder surgery is remanded. FINDINGS OF FACT 1. The June 2002 rating decision that denied the Veteran’s claim for service connection for a shoulder, neck and arm disability on the basis that there was no evidence it was related to service or secondary to a service-connected disability is final. 2. Evidence received since the June 2002 rating decision including a July 2008 VA examination that provided a diagnosis of spondylosis with radiculopathy is not cumulative or redundant of evidence previously of record, and raises a reasonable possibility of substantiating the claim of entitlement to service connection for a right shoulder, neck and arm disability. CONCLUSION OF LAW New and material evidence has been received since the June 2002 denial, and the claim of entitlement to service connection for a right shoulder, neck and arm disability is reopened. 38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156(a) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from February 1976 to February 1979. This case comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). REASONS FOR REMAND The Board finds that more development is necessary prior to final adjudication of the claims remaining on appeal. Regarding the Veteran’s claim for service connection for a right shoulder, neck and arm disability, the Veteran underwent a VA examination in July 2001. The examiner opined that it was unlikely that the Veteran’s arm, shoulder, neck and back problems were related to his diagnosis of a lumbar strain. However, no rationale was provided. The Veteran underwent a VA examination in April 2002 where the examiner opined that the Veteran’s neck, shoulder and right arm conditions were not related to an in-service injury. No rationale was provided. The Veteran again underwent a VA examination in July 2008. The diagnosis was lumbar degenerative disc disease, spondylosis with radiculopathy. No etiology opinion was provided. Notably, in an August 2018 Appellant’s Brief, the Veteran’s representative indicated that the Veteran possibly suffered a brachial plexus injury during the his in-service injury that resulted in his service-connected back disability. The Veteran’s representative also argued that a brachial plexus injury may account for the Veteran’s current right shoulder, arm and neck disability. As a result, the Board finds that further development is warranted so an examiner can provide an opinion as to whether any current right shoulder, neck and arm disability was related to service to include being caused or aggravated (made permanently worse) by a service-connected disability. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c) (4). Regarding the Veteran’s claim for a temporary total rating based upon convalescence, the Veteran contends that a temporary total rating based upon convalescence following right shoulder surgery is warranted. However, such a rating cannot be assigned unless the Veteran is first service connected for a right shoulder disability. Regarding the Veteran’s claim for SMC to include aid and attendance and housebound benefits, this SMC claim is also inextricably intertwined with the pending claim for service connection for a right shoulder, neck and arm disability because, if this claim is granted, it could potentially affect whether the Veteran is eligible to receive SMC.   As such, the issues of a temporary total rating based upon convalescence following right shoulder surgery and entitlement to a SMC to include aid and attendance and housebound benefits are inextricably intertwined with the issue of service connection for right shoulder, neck and arm disability, and adjudication of a temporary total rating based upon convalescence following right shoulder surgery must be deferred pending the proposed development. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making or appellate litigation). The matters are REMANDED for the following action: 1. The Veteran should be requested to provide the names, addresses and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated him for the disabilities on appeal. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims folder. Appropriate efforts must be made to obtain all available VA treatment records. All attempts to procure records should be documented in the file. If the AMC/RO cannot obtain records identified by the Veteran, a notation to that effect should be inserted in the file. The Veteran is to be notified of unsuccessful efforts in this regard, in order to allow her the opportunity to obtain and submit those records for VA review. 2. Schedule the Veteran for a VA examination to determine the etiology of the claimed right shoulder, neck and arm disability. Based on a review of the record and an examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran has a current right shoulder, neck and arm disability that is related to any incident of the Veteran’s active duty service. The examiner should also provide an opinion as to whether if it is at least as likely as not (at least a 50 percent probability) that the Veteran has a current right shoulder, neck and arm disability that is caused or aggravated by a service-connected disability. If the examiner finds that the Veteran has a right shoulder, neck and arm disability that has been permanently aggravated/worsened by a service-connected disability, to the extent feasible, the degree of worsening should be identified. All opinions expressed by the examiner must be accompanied by a complete rationale. Adequate reasons and bases for any opinion rendered must be provided. All studies deemed appropriate in the medical opinion of the examiner should be performed, and all the findings should be set forth in detail. The claims file should be made available to the examiner, who should review the entire claims folder in conjunction with this examination. 3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD James A. DeFrank, Counsel