Citation Nr: 20052986
Decision Date: 08/10/20	Archive Date: 08/10/20

DOCKET NO. 09-32 088
DATE: August 10, 2020

REMANDED

Entitlement to service connection for respiratory disorder, claimed as bronchitis, asthma, chronic obstructive pulmonary disorder (COPD), and allergic rhinitis, is remanded.

Entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) prior to June 15, 2011, is remanded.

Entitlement to special monthly pension (SMP) based on a need for the regular aid and attendance of another is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from July 1968 to May 1972.  These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In June 2014, the Veteran testified before a Veterans Law Judge who is no longer with the Board.  In October 2017, the Veteran elected to have another Board hearing.  The hearing was scheduled for April 2018.  The Veteran failed to appear after notice was sent to the address of record; consequently, there are no outstanding hearing requests of record.

These matters were previously before the Board in October 2015, June 2018, December 2019, and April 2020.

1. Entitlement to service connection for respiratory disorder, claimed as bronchitis, asthma, COPD, and allergic rhinitis, is remanded.

An additional VA medical opinion is required on remand.  Although a May 2020 VA medical opinion addressed whether COPD was directly related to service, the etiology of the Veteran’s chronic bronchitis — claimed by the Veteran and documented in the medical treatment records — was not discussed.  Thus, a VA medical opinion addressing the Veteran’s chronic bronchitis is necessary.   

2. Entitlement to a TDIU prior to June 15, 2011, and SMP based on a need for regular aid and attendance of another is remanded.

As a decision on the remanded issue of entitlement to service connection for a respiratory condition could significantly impact a decision on the issues of entitlement to TDIU and SMP, these two issues must also be remanded as they are inextricably intertwined with the respiratory condition claim.  Harris v. Derwinski, 1 Vet. App. 180 (1991).

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s chronic bronchitis is at least as likely as not due to his military service; in-service respiratory complaints, symptoms, and 

 

treatment; and/or his contention of chronic symptoms since service.

 

 

M. H. HAWLEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	W. Ripplinger, 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.