Citation Nr: 20002777
Decision Date: 01/13/20	Archive Date: 01/13/20

DOCKET NO. 18-19 841
DATE: January 13, 2020

REMANDED

Entitlement to an initial disability rating in excess of 20 percent for colectomy, residuals of clostridium difficile, with history of ileostomy is remanded.

Entitlement to a total disability rating based on individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1959 to August 1963.

This matter comes before the Board of Veterans’ Appeals (Board) from an August 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran died on November [REDACTED], 2018.  The Veteran’s widow was properly substituted as the Appellant.

1. Entitlement to an initial disability rating in excess of 20 percent for colectomy, residuals of clostridium difficile, with history of ileostomy is remanded.

The Board finds that remand is necessary to obtain an opinion on the severity of the Veteran’s symptoms during the pendency of the appeal.  The Veteran continuously claimed that he suffered from diarrhea all day and night, with the most recent VA examination from February 2018 showing that he suffered 12 to 15 bowels movements a day.  Further, the Veteran’s death certificate lists as a contributing cause of death as small bowel obstruction.  A medical opinion is needed to determine if the Veteran’s symptoms were severe, given the inconclusive findings noted at the end of the February 2018 VA examination report. 

2. Entitlement to a total disability rating based on individual unemployability is remanded.

This issue is inextricably intertwined with the issue above.  Accordingly, this issue must be remanded, too.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both issues have been considered).

The matters are REMANDED for the following actions:

1. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion on whether the Veteran’s symptoms for his service-connected colectomy, residuals of clostridium difficile, with history of ileostomy were severe.

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2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issues of colectomy, residuals of clostridium difficile and TDIU.  If the benefit sought is not granted to the Veteran’s satisfaction, send the appellant and her representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

A.M. CLARK

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Shuster, Attorney Advisor

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.