Citation Nr: 18153595
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 15-38 938
DATE:	November 29, 2018
REMANDED
Whether the severance of service connection for status post exposure to Lyme disease was proper is remanded.
Whether the severance of service connection for anemia, due to Lyme disease, was proper is remanded.
Whether the severance of service connection for left knee patellofemoral syndrome was proper is remanded.
Whether the severance of service connection for right knee patellofemoral syndrome was proper is remanded.
Whether the severance of service connection for status post radical surgery (thyroidectomy) for thyroid cancer, now hypothyroid, was proper is remanded.
REASONS FOR REMAND
The appellant served in the United States Navy Reserve, with multiple periods of inactive duty for training (INACDUTRA).  Whether any of the INACDUTRA periods constitute active service for Department of Veterans Affairs (VA) purposes is part of the issue on appeal.  
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision issued by a VA Regional Office (RO).
1. Whether the severance of service connection for status post exposure to Lyme disease was proper is remanded.
2. Whether the severance of service connection for anemia, due to Lyme disease, was proper is remanded.
3. Whether the severance of service connection for left knee patellofemoral syndrome was proper is remanded.
4. Whether the severance of service connection for right knee patellofemoral syndrome was proper is remanded.
In correspondence received by VA in March 2013, the appellant indicated her disagreement with the March 2013 rating decision; specifically, she claims that she contracted Lyme disease during a period of INACDUTRA, which she contends resulted in anemia, a thyroid condition, and pain and swelling of the knees.  03/29/2013, NOD; 03/29/2013, Statement.  Accordingly, the Board constitutes the March 2013 correspondence as a notice of disagreement (NOD) with the severance of service connection for status post exposure to Lyme disease, anemia due to Lyme disease, a thyroid condition, and patellofemoral syndrome of the bilateral knees.  The Agency of Original Jurisdiction (AOJ) has not issued a statement of the case (SOC) as to severance of service connection for status post Lyme disease exposure, anemia, and the knees.  As such, the Board has no discretion, and those issues must be remanded for such a purpose.  Manlincon v. West, 12 Vet. App. 238, 240 (1999); 38 C.F.R. § 19.9(c).
5. Whether the severance of service connection for status post radical surgery (thyroidectomy) for thyroid cancer, now hypothyroid, was proper is remanded.
The Board finds that the appeal of severance of service connection for status post radical surgery (thyroidectomy) for thyroid cancer, now hypothyroid, is inextricably intertwined with the remanded issue of whether severance of service connection for status post Lyme disease exposure was proper, and will defer consideration of the matter.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (stating that two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered).  
The matters are REMANDED for the following actions:
1. Obtain the appellant’s VA treatment records.
2. Send the appellant and her representative a statement of the case that addresses the issues of severance of service connection for status post Lyme disease exposure, anemia, and the knees.  If the appellant perfects an appeal by submitting a timely VA Form 9, 
the issues should be returned to the Board for further appellate consideration.
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3. The appeal of severance of service connection for status post radical surgery (thyroidectomy) for thyroid cancer, now hypothyroid, should be returned to the Board after the appellant files a Form 9 substantive appeal to the other severance issues, or the period to appeal the other severance issues has expired (60 days from the issuance of the SOC), whichever occurs first.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Gelber, Associate Counsel