Citation Nr: 18154765 Decision Date: 11/30/18 Archive Date: 11/30/18 DOCKET NO. 16-51 285 DATE: November 30, 2018 REMAND Entitlement to service connection for leukemia is remanded. Entitlement to total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 2009 until her discharge in December 2010. Although the Board regrets the additional delay, a remand is necessary to ensure that there is a complete record on which to decide the Veteran’s claim. Specifically, remand is required to obtain an adequate VA examination documenting the etiology of the Veteran’s leukemia and to address the TDIU claim after a determination on the Veteran’s leukemia claim. 1. Entitlement to service connection for leukemia The Veteran asserts that her symptoms of leukemia manifested in service or within the presumptive period after service. The Veteran was afforded a VA examination in August 2016. See August 2016 VA Examination. The VA examiner noted that the Veteran did not have any anemia prior to 2012 and that she was diagnosed with leukemia in October 2013. The examiner noted that the Veteran was previously evaluated by hematologist service in December 2012, who found that there was no evidence of bone marrow problems. However, the VA examiner did not opine if the Veteran’s symptoms prior to diagnosis were related to her leukemia or if it was at least as likely as not (50 percent probability or greater) that the Veteran’s leukemia was related to service or had manifested to a compensable degree within 12 months of her discharge. Because the examiner failed to opine if the Veteran’s leukemia was related to her service or manifested to a compensable degree within 12 months of her service, the Board is unable to make a determination as to service connection. Remand of the service-connection claim for leukemia is therefore required. See Stegall v. West, 11 Vet. App. 268, 270-71 (1998) (requiring the Board to return inadequate examination reports). In addition, the Veteran asserted that VA has not accurately recorded her service dates. Specifically, she alleges that, although VA had repeatedly noted service until 2010, the Veteran asserts that she was on TDY until 2013. As the determination of a later separation date could impact the holding with regard to service connection, remand is therefore also required to conduct any further development necessary to address the Veteran’s contention, and to verify the Veteran’s service dates, including any dates of ACDUTRA and INACDUTRA. 2. Entitlement to TDIU Although the Veteran currently meets the schedular requirement for TDIU, the TDIU claim is inextricably intertwined because the Veteran has asserted that, among other conditions, her leukemia has caused her to be unemployable. As a finding of service-connection of leukemia would help substantiate her claim for TDIU, the Board finds that the issue of entitlement to TDIU is inextricably intertwined with the service-connection claim for leukemia that is being remanded herein. Therefore, entitlement to TDIU must be remanded to the RO for adjudication. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Obtain all updated relevant treatment records and associate them with the claims file. All attempts to obtain these records should be documented in the claims file. 2. As noted above, the Veteran asserts that VA has not accurately recorded her service dates. Attempt to obtain the Veteran’s complete service record, and consult any other sources necessary, to determine if her reported TDY duty between 2010 and 2013 included active duty service, including any periods of ACDUTRA and INACDUTRA. 3. After completing the above directives, the Veteran should be afforded a VA examination with an appropriate examiner to determine the etiology of her leukemia. The entire claims file, including a copy of this remand, must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. After reviewing the claims file and eliciting a detailed medical history from the Veteran, the examiner is asked to render opinions as to the following: a) Is it at least as likely as not (50 percent or greater probability) that the Veteran’s leukemia had its onset in, was aggravated by, or is otherwise etiologically related to her active military service? b) Is it at least as likely as not that the Veteran’s leukemia manifested to a compensable degree within one year of separation from active military service? A clear rationale of all opinions is necessary, and citation to supportive medical literature would be of considerable assistance to the Board. 4. After completing the above directives, the Veteran’s TDIU claim should be readjudicated. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. DEEMER, ASSOCIATE COUNSEL