Citation Nr: 20003531
Decision Date: 01/15/20	Archive Date: 01/15/20

DOCKET NO. 18-44 132
DATE: January 15, 2020

REMANDED

Entitlement to service connection for a back disorder is remanded. 

Entitlement to special monthly compensation (SMC) based upon the need for aid and attendance and/or housebound status is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1982 to June 1990.

The Board observes that in March 2019, the Veteran executed a VA Form 21-22a which appointed agent Nicole Knoll as his representative.  However, although the RO determined that the election was invalid, the Board finds that Ms. Knoll is the Veteran’s valid representative.   

The Board notes that in October 2014, it remanded the issues of service connection for a bilateral shoulder and right knee disorder for further development, and that these issues are part of a separate appeal stream.  Further, although the Regional Office (RO) recently issued a supplemental statement of the case for these issues in September 2019, the Board declines to take jurisdiction over these claims as it appears the RO is still developing these issues as discussed in its December 2019 notification letter.  

 

2. Entitlement to service connection for a back disorder is remanded.

The Board observes that the Veteran has submitted an October 2019 private opinion from his treating medical provider, indicating that his back disorder was related to service.  However, while these opinions are not sufficient to grant service connection, the Board determines that the opinions are sufficient to warrant a VA examination - especially in light of the Veteran’s complaints of back pain during service.  McLendon v. Nicholson, 20 Vet. App. 79 (2006).

3. Entitlement to SMC based upon the need for aid and attendance and/or housebound status is remanded.

As for the Veteran’s SMC claims, the Board is unable to adjudicate this claim until the above development is completed.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated).  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the nature, extent, onset and etiology of his back disorder.  The claims file and records must be reviewed, and such review should be noted in the opinion. 

For each diagnosed disorder, the examiner must provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any currently diagnosed back disorder is etiologically related to the Veteran’s period of service. 

All opinions must be accompanied by adequate reasons and bases.  If the examiner cannot provide the requested opinion without resorting to mere speculation, he or she should provide a complete explanation stating why this is so.  In so doing, the examiner should explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s).  

2. The RO should undertake any other development deemed necessary in order to adjudicate the SMC claim on appeal, including obtaining any VA examinations or opinions.  When the necessary development is completed, and if the claim is not granted in full, the RO should issue an SSOC.  

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Meyer, Associate Counsel