Citation Nr: 18140244 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 15-10 535A DATE: October 2, 2018 REMANDED Entitlement to special monthly compensation (SMC) based on aid and attendance/housebound is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1952 to October 1956. The Veteran requested a hearing before the Board of Veterans’ Appeals (Board) in April 2015. The Veteran called and canceled his hearing in August 2018. The Veteran waived Agency of Original Jurisdiction review of new evidence in September 2018. Entitlement to special monthly compensation based on aid and attendance/housebound is remanded. A remand is necessary prior to adjudicating the Veteran’s claim for entitlement to SMC. SMC at the aid and attendance rate is payable when a veteran, due to service-connected disability, has suffered the anatomical loss or loss of use of both feet or one hand and one foot, or is blind in both eyes, or is permanently bedridden or so helpless as to need regular aid and attendance. See 38 U.S.C. § 1114 (l); 38 C.F.R. § 3.350 (b). The Veteran submitted Examinations for Housebound Status or Permanent Need for Regular Aid and Attendance in June 2012, January 2015, and September 2016. The June 2012 and January 2015 noted the Veteran’s inability to complete activities of daily living (ADLs) were due in part to severe chronic obstructive pulmonary disease (COPD). The September 2016 examiner noted the Veteran’s inability to perform ADLs was due to both severe COPD and cardiomyopathy. The Veteran’s June 2012 codesheet shows that the Veteran is service connected for varicose veins of the left leg, and a right lobectomy secondary to emphysema; and in January 2012, the Veteran asserted his need for aid and attendance was secondary to his service connected lung condition. VA requested a VA opinion to determine if the Veteran’s COPD was related to his right lobectomy secondary to empyema. The Veteran was provided a VA examination in April 2013; the examiner opined emphysema and COPD were interchangeable, and the Veteran’s need for oxygen was due to cardiomyopathy. In April 2013, VA requested new opinions because the examiner addressed emphysema instead of empyema, and VA wanted an opinion as to the etiology of the Veteran’s cardiomyopathy. The e-mail from that date indicates that, by history, the Veteran suffered from empyema that was treated with the right lobectomy, and that “[t]his was NOT emphysema.” It would appear from this that the notation of “emphysema” in the June 2012 codesheet (the most recent of record) is some sort of typographical error, meant to represent “empyema” instead. The Veteran was afforded a new VA examination in October 2014, and the examiner once again provided secondary nexus opinions for COPD and cardiomyopathy based on emphysema instead of empyema. A new VA opinion was provided in November 2014, the examiner provided a negative opinion for COPD based on empyema, but no opinion was provided for cardiomyopathy as due to empyema. The Veteran was afforded VA examinations; however, the opinions provided by the examiners are inadequate. When VA undertakes to provide a VA examination, it must ensure that the examination is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Accordingly, the Board finds that a new VA medical opinion is necessary to determine if the Veteran current COPD and cardiomyopathy is secondary to the Veteran’s service-connected right lobectomy, secondary to empyema. The matter is REMANDED for the following action: 1. Look into changing the disability listed on the rating codesheet for the service-connected right lobectomy, secondary to emphysema to reflect the proper lung condition; right lobectomy, secondary to empyema (as opposed to emphysema, as detailed in the April 2013 e-mail). 2. Make efforts to obtain all outstanding medical records regarding the Veteran’s lung condition and cardiomyopathy with the duties set forth in 38 C.F.R. § 3.159(c). 3. After all outstanding records have been associated with the claims file, forward the Veteran’s file to a qualified VA medical professional in order to obtain addendum opinions as to the current nature and etiology of the Veteran’s current COPD and cardiomyopathy. (Multiple opinions from different treatment providers, and possible new VA examinations, may be conducted if deemed necessary.) The claims file, to include a copy of this Remand, must be made available to and be reviewed by the examiner(s). 4. The examiner(s) is asked to address the following: (a.) Provide an opinion as to whether the COPD at least as likely as not (a 50 percent or greater probability) had its onset during or is otherwise related to any event or injury during the Veteran’s active duty, or at least as likely as not was caused or aggravated (increased in severity beyond the natural progress of the disorder) by the service-connected right lobectomy, secondary to empyema; and (b.) Provide an opinion as to whether the cardiomyopathy at least as likely as not had its onset during or is otherwise related to any event or injury during the Veteran’s active duty, or was caused or aggravated by the service-connected right lobectomy, secondary to empyema. All opinions must be supported by a detailed rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. N. Quarles, Associate Counsel