Citation Nr: 18148463
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 15-47 001
DATE:	November 7, 2018
REMANDED
The issue of entitlement to service connection for a lumbar spine disability is remanded.
The issue of entitlement to special monthly compensation (SMC) based on the need for aid and attendance is remanded.
The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1980 to December 1992.
1. The issue of entitlement to service connection for a lumbar spine disability is remanded.
A November 2014 letter from Dr. L.F.H., a VA treatment provider, indicated the Veteran has had a history of chronic low back pain for many years for which he has been receiving treatment.  Although a review of the claims file produces a September 2011 VA Imaging Study which recorded an impression of degenerative disc disease of the lumbar spine, there are no VA treatment records demonstrating treatment for chronic low back pain prior to the November 2014 letter.  Furthermore, a review of the claims file suggests that not all relevant VA treatment records prior to March 2013 have been associated with the claims file.  As such, a remand is necessary to obtain all relevant, outstanding VA treatment records.  
2. The issues of entitlement to SMC based on the need for aid and attendance; and TDIU are remanded.
Finally, with regard to the issues of entitlement to SMC based on the need for aid and attendance and TDIU, the Board finds they are inextricably intertwined with above service connection claim because the ultimate resolution of this claim could impact the Board’s assessment of the Veteran’s need for aid and attendance as well as occupational impairment.  See Harris v. Derwinski, 1 Vet. App. 180 (1991), overruled on other grounds by Tyrues v. Shinseki, 23 Vet. App. 166 (2009); Anglin v. West, 11 Vet. App. 361, 367 (1998).  As such, these claims must be held in abeyance until such time the above service connection is resolved.
The matters are REMANDED for the following action:
1. Obtain all relevant, outstanding VA treatment records, to include all relevant, outstanding records prior to March 2013.
2. Once the above request has been completed, to the extent possible, readjudicate the appeal.




 
L. M. BARNARD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. Suh, Associate Counsel