Citation Nr: 20046779 Decision Date: 07/13/20 Archive Date: 07/13/20 DOCKET NO. 19-37 841 DATE: July 13, 2020 REMANDED Entitlement to service connection for diabetes mellitus, type II, is remanded. Entitlement to special monthly compensation based on the need for regular aid and attendance or housebound status is remanded. REASONS FOR REMAND The Veteran had active service from November 1988 to September 1990 and from February 2003 to June 2004. 1. Entitlement to service connection for diabetes mellitus, type II, is remanded. The Veteran did not appear for a VA examination in October 2019. In July 2020 the Veteran’s representative wrote that the Veteran missed the examination because he did not have transportation or means get to the examination. The Board finds that the Veteran had good cause to miss the examination. Therefore, he should be scheduled for a new examination before the claim can be decided on the merits. See 38 C.F.R. § 3.655. The Veteran is seeking service connection for diabetes mellitus, type II, due exposure to dioxins from burn pits while serving in Southwest Asia. On remand, the VA examiner should consider medical literature submitted in July 2020 regarding the longterm health effects of such exposure. VA treatment records to June 2020 have been associated with the claims file. The RO should attempt to obtain all relevant VA treatment records dated from June 2020 to the present, while the claim is in remand status. Bell v. Derwinski, 2 Vet. App. 611 (1992). Entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is remanded. The resolution of the claim for service connection for diabetes mellitus, type II, and the claim for an increased rating for a left knee disability that was remanded by the Board in March 2020, may affect whether the Veteran meets the criteria for special monthly compensation based on the need for regular aid and attendance or housebound status. As such, the claims are inextricably intertwined and must be considered together, and a decision by the Board on the Veteran’s special monthly compensation claim would, at this point, be premature. See Henderson v. West, 12 Vet. App. 11, 20 (1998). The matters are REMANDED for the following action: 1. Obtain VA treatment records from June 2020 to the present. 2. Thereafter, schedule the Veteran for an examination to determine the nature and etiology of his diabetes mellitus, type II. The examiner must be given full access to the Veteran’s complete VA claims file and the Veteran’s electronic records for review. The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that diabetes mellitus, type II, is related to an in-service injury, event, or disease, or was incurred within a year of service. The term ‘at least as likely as not’ does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor as it is to find against it. The examiner must consider the medical literature submitted in July 2020 regarding the health effects of exposure to burn pits and the Veteran’s exposure while serving in Southwest Asia. The examiner must include in the medical report the rationale for any conclusions expressed, to include descriptions of the medical processes involved and citation to relevant medical literature/treatise as necessary. A report containing unsupported/unexplained conclusions will be returned as inadequate. If the examiner cannot respond to an inquiry without resort to speculation, he or she should so state, and further explain why it is not feasible to provide a medical opinion. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Scott Shoreman, Counsel 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.