Citation Nr: 20022482 Decision Date: 04/01/20 Archive Date: 04/01/20 DOCKET NO. 19-06 366 DATE: April 1, 2020 REMANDED Entitlement to service connection for the Veteran's cause of death is remanded. Entitlement to service connection for myelodysplastic syndrome for substitution purposes is remanded. Entitlement to service connection for left ear hearing loss for substitution purposes is remanded. Entitlement to service connection for tinnitus for substitution purposes is remanded. Entitlement to service connection for neuropathies for substitution purposes is remanded. Entitlement to service connection for an acquired psychiatric disorder for substitution purposes is remanded. Entitlement to service connection for memory loss for substitution purposes is remanded. Entitlement to a disability rating higher than 30 percent for left eye blindness for substitution purposes is remanded. REASONS FOR REMAND The Veteran had active duty from January 1964 through July 1965. He died in November 2017. The appellant is his surviving spouse. She was substituted as claimant in August 2019. The issues identified above have been perfected for appeal under VA’s legacy appeal system. The Board observes, however, that other issues concerning the appellant’s entitlement to service connection for sleep issues; chronic leukemia; diabetes mellitus, type II; respiratory issues; right eye vision impairment; and liver cirrhosis, all on an accrued basis, are also on appeal. In October 2019, the appellant elected to appeal those issues via the Higher-Level Review lane when she opted into the Appeals Modernization Act (AMA) review system modernized review system. Higher-Level Review as to those issues was completed by the agency of original jurisdiction (AOJ) and a corresponding rating decision was issued in January 2020. Based on the foregoing appellant history, the Board does not at this time take jurisdiction of the issues on appeal under the AMA. 1. Obtain private treatment records. According to the Veteran’s death certificate, the Veteran died while receiving hospice care at Hospice of the Valley – Friendship Village PCU. The claims file also contains a July 2003 letter from Dr. J.P.R. of Desert Oncology, which states that the Veteran was under treatment at that facility for chronic lymphocytic leukemia, to include chemotherapy. It is likely that records relevant to the Veteran’s cause of death and treatment for other medical conditions claimed on appeal are available from Hospice of the Valley and Desert Oncology. As such, VA should obtain those private records. 38 C.F.R. § 3.159(c)(1). 2. Obtain Social Security records. The Veteran reported during a February 2004 examination that he had been receiving Social Security disability benefits since 1993. The Veteran’s Social Security Administration (SSA) records may contain additional information and evidence that pertain to the Veteran’s cause of death and/or the disabilities being claimed on appeal. As such, VA should also obtain the Veteran’s SSA records. 38 C.F.R. § 3.159 (c)(2) (2018). 3. Inexplicably intertwined issues. The Veteran’s attorney argues in an April 2019 letter that the issues concerning the appellant’s entitlement to service connection for the Veteran’s cause of death, myelodysplastic syndrome, left ear hearing loss, tinnitus, neuropathy, an acquired psychiatric disorder, and memory loss and to a disability rating higher than 30 percent for left eye blindness are all inextricably intertwined with the issues that are under appeal under the AMA system. In that regard, he argues that all of the claimed disabilities under appeal under both the legacy system and AMA system may share a common medical etiology and therefore depend upon similar evidentiary development and facts. Based on the limited evidence that is available at this time, the Veteran’s attorney’s argument is certainly plausible. As such, it appears likely that any continuing development of the issues under appeal in the AMA system may impact any analysis of the appellant’s claims for service connection for the Veteran’s cause of death, myelodysplastic syndrome, left ear hearing loss, tinnitus, neuropathy, an acquired psychiatric disorder, and memory loss and to a disability rating higher than 30 percent for left eye blindness. As such, the issues are inextricably intertwined. Therefore, the issues here on appeal must be deferred pending development and resolution of the issues of the appellant’s entitlement to service connection for sleep issues; chronic leukemia; diabetes mellitus, type II; respiratory issues; right eye vision impairment; and liver cirrhosis, all on an accrued basis. The matters are REMANDED for the following action: 1. The appellant should be asked whether she has additional evidence pertaining to the Veteran’s cause of death, leukemia, myelodysplastic syndrome, hearing loss, tinnitus, neuropathies, mental health disorder, memory loss, and service-connected left eye disability. Records for VA treatment received by the Veteran prior to June 2005 and/or any private treatment identified by the appellant that were not previously associated with the claims file should be obtained. If the records are not available, such unavailability should be documented in the record. The appellant and her representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 2. Obtain the Veteran’s SSA records. If the records are not available, such unavailability should be documented in the record. The appellant and her representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 3. Obtain the Veteran’s treatment records from Dr. J.P.R. of Desert Oncology. If the records are not available, such unavailability should be documented in the record. The appellant and her representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 4. Obtain the Veteran’s hospice care and terminal care records from Hospice of the Valley – Friendship Village PCU. If the records are not available, such unavailability should be documented in the record. The appellant and her representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 5. After completion of the above development, the issues on appeal should be readjudicated. If the determination remains adverse to the appellant, she should be furnished with a SSOC and be given an opportunity to respond. Katherine Kiemle Buckley Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D.S. Lee 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.