Citation Nr: 18144001 Decision Date: 10/22/18 Archive Date: 10/22/18 DOCKET NO. 14-34 229A DATE: October 22, 2018 REMANDED Entitlement to service connection for a lumbar spine disorder is remanded. Entitlement to service connection for a chronic sinus disorder with headaches and allergies is remanded. Entitlement to service connection for sleep disturbance, to include as secondary to lumbar spine disorder, is remanded. Entitlement to service connection for radiculopathy of bilateral lower extremities, to include as secondary to a lumbar spine disorder, is remanded. Entitlement to service connection for memory loss, to include as secondary to sleep disturbance and service-connected psychiatric disorders, is remanded. Entitlement to special monthly compensation based on aid and attendance and housebound is remanded. Entitlement to automobile or other conveyance and adaptive equipment or adaptive equipment only is remanded. Entitlement to service connection for pes planus is remanded. Entitlement to service connection for calluses is remanded. REASONS FOR REMAND The Veteran had active service from December 1986 to December 1989. This matter comes before the Board of Veterans’ Appeals (Board) from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. In June 2018, the Veteran testified at a hearing at the Board’s office in Washington, DC, before the undersigned Veterans Law Judge (VLJ). As an aside, the Veteran testified before another VLJ in March 2017 regarding other issues and a Board decision was issued for these issues in November 2017. The Board remanded the issues of entitlement to service connection for radiation exposure and service connection for prostate cancer in the November 2017 Remand. The Board directed the AOJ to issue a statement of the case for these two issues. The AOJ has not yet issued a statement of the case. Action by the Board at this time may serve to actually delay the AOJ’s action on that appeal. As such, no action will be taken by the Board at this time, and the issues presently before the AOJ pertaining to service connection for radiation exposure and prostate cancer, will be the subject of a later Board decision, if ultimately necessary. REFERRED The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) was raised during the June 2018 Board hearing and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication. Entitlement to service connection for a lumbar spine disorder, chronic sinus condition, sleep disturbance, memory loss and radiculopathy are remanded. During the June 2018 Board hearing, the Veteran testified that he injured his back while serving in Germany and Honduras. He explained that he also injured his head at the same time which has resulted in memory loss problems. The Veteran claims that his current lumbar spine disorder, radiculopathy and memory loss are due to these falls during service. The Veteran also asserts that he has sleep disturbance problems due to his back disability. In addition, the Veteran testified that symptoms of his current sinus disorder began while his son was seeking medical care at Walter Reed during his military service. VA treatment records show current treatment for a lumbar spine disability, sinus problems, sleep disturbance, memory deficiencies, and radiculopathy. See February 2018 VA treatment record (lumbar spine diagnosis); see also April 2017 VA treatment record (sinusitis); see November 2017 Posttraumatic Stress Disorder (PTSD) Disability Benefits Questionnaire (DBQ) (sleep disturbances); see also March 2013 VA treatment record (memory problems); see also May 2018 VA treatment record (lumbar radiculopathy). Therefore, the Board finds that the evidence of record triggers VA’s duty to provide an examination and obtain an opinion. See McClendon v. Nicholson, 20 Vet. App. 79 (2006); see also 38 C.F.R. § 3.159(c). Entitlement to special monthly compensation based on aid and attendance and housebound, entitlement to automobile or other conveyance and adaptive equipment or adaptive equipment only, entitlement to service connection for calluses, and entitlement to service connection for pes planus are remanded. Entitlement to special monthly compensation based on aid and attendance and housebound, entitlement to automobile or other conveyance and adaptive equipment or adaptive equipment only, entitlement to service connection for calluses, and entitlement to service connection for pes planus are remanded for issuance of a statement of the case. In July 2018, the Veteran filed a notice of disagreement with the July 2018 rating decision denying these issues. The AOJ has not acknowledged this notice of disagreement. Therefore, remand is needed. See Manlincon v. West, 12 Vet. App. 238 (1999). The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from February 2018 to the Present, to include a possible sleep study conducted in July 2018. All records/responses received must be associated with the electronic claims file. 2. Obtain the Veteran’s federal records from the Social Security Administration (SSA). Document all requests for information as well as all responses in the claims file. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any lumbar spine disability. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including a fall that occurred in Germany and a fall that occurred in Honduras. The examiner is advised that the Veteran is competent to report injuries and symptoms in service, regardless of the contents of the service treatment records, and that the Veteran’s reports must be considered. The rationale for any opinions should also be provided. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any sinus disorder with headaches and allergies. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including symptoms experienced during service at the time his child was treated at Walter Reed. A full history of the Veteran’s symptoms and when they began is needed. The examiner is advised that the Veteran is competent to report injuries and symptoms in service, regardless of the contents of the service treatment records, and that the Veteran’s reports must be considered. The rationale for any opinions should also be provided. 5. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any sleep disturbances. The examiner must opine whether this is a disorder in and of itself or a symptom of another disorder. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. The examiner must opine whether it is at least as likely as not (1) proximately due to service-connected disability, to include his service-connected psychiatric disability, or (2) aggravated beyond its natural progression by service-connected disability. 6. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of memory loss. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. The examiner must opine whether this is a disorder in and of itself or a symptom of another disorder. The examiner must opine whether it is at least as likely as not (1) proximately due to service-connected disability, to include his service-connected psychiatric disability, or (2) aggravated beyond its natural progression by service-connected disability. 7. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of radiculopathy of the bilateral lower extremities. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, to include a fall that occurred in Germany and a fall that occurred in Honduras. The examiner must opine whether it is at least as likely as not (1) proximately due to service-connected disability, or (2) aggravated beyond its natural progression by service-connected disability. The examiner is advised that the Veteran is competent to report injuries and symptoms in service, regardless of the contents of the service treatment records, and that the Veteran’s reports must be considered. The rationale for any opinions should also be provided. 8. Send the Veteran and his representative a statement of the case that addresses the issues of entitlement to special monthly compensation based on aid and attendance and housebound, entitlement to automobile or other conveyance and adaptive equipment or adaptive equipment only, entitlement to service connection for calluses, entitlement to service connection for pes planus. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issues should be returned to the Board for further appellate consideration. 9. Readjudicate the Veteran’s claims, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand. If the decision remains adverse to the Veteran, he and representative should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Tahirih S. Samadani, Counsel