Citation Nr: 21063641 Decision Date: 10/15/21 Archive Date: 10/15/21 DOCKET NO. 15-05 444 DATE: October 15, 2021 REMANDED Entitlement to service connection for sinusitis is remanded. Entitlement to service connection for a respiratory disorder, to include as secondary to claimed asbestos exposure during service, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1962 to April 1988. In August 2018, the Board of Veterans' Appeals (Board) remanded the claims for additional development. In August 2020, the Board found that there was substantial compliance with the August 2018 remand directives and denied the claims on appeal. Subsequently, the Veteran appealed the Board's August 2020 denial to the United States Court of Appeals for Veterans Claims (Court) and in a June 2021 Order, pursuant to a June 2021 Joint Motion for Partial Remand (JMPR), the Court vacated and remanded the Veteran's claims for service connection for sinusitis and a respiratory disorder, as well as entitlement to a TDIU rating. The parties to the JMPR found that the Board erred by relying on the August 2019 VA nexus opinions when determining whether service connection is warranted for sinusitis and a respiratory disorder. Specifically, the parties agreed that the August 2019 VA examiner failed to provide adequate rationale in support of her negative nexus opinions. See Monzingo v. Shinseki, 26 Vet. App. 97, 106 (2012) (explaining that examination reports are adequate "when they sufficiently inform the Board of a medical expert's judgment on a medical question and the essential rationale for that opinion"); see also Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008) (noting that an examiner must provide "not only clear conclusions with supporting data, but also a reasoned medical explanation connecting the two"). Accordingly, pursuant to the June 2021 JMPR and Court Order, the Board finds that a remand is necessary in order to obtain an adequate medical opinion with sufficient rationale to assist the Board in determining whether service connection is warranted for sinusitis and a respiratory disorder. Additionally, the issue of entitlement to a TDIU rating is inextricably intertwined with the Veteran's claims for entitlement to service connection for a respiratory condition and sinusitis as development on remand could potentially impact the issue of whether he can obtain and maintain substantially gainful employment due to his service-connected disabilities. Smith v. Gober, 236 F.3d 1370, 1373 (Fed. Cir. 2001) (holding that, where facts underlying separate claims are "intimately connected," interests of judicial economy and avoidance of piecemeal litigation require that the claims be adjudicated together). As such, entitlement to a TDIU rating is also remanded. The matters are REMANDED for the following action: 1. Obtain an addendum opinion in order to determine the etiology of the Veteran's sinusitis. The claims file must be made available to and be reviewed by the examiner. The need for a physical examination is left to the discretion of the examiner. Following review of the claims file, and examination of the Veteran if deemed necessary, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's sinusitis began in service, or is otherwise the result of military service, to include any treatment for sinus issues in 1987. All findings should be reported in detail and all opinions must be accompanied by a clear and complete rationale. 2. Obtain an addendum opinion in order to determine the etiology of the Veteran's respiratory disorder, to specifically include COPD and lung nodules, for which the Veteran has been diagnosed with. The claims file must be made available to and be reviewed by the examiner. The need for a physical examination is left to the discretion of the examiner. Following review of the claims file, and examination of the Veteran if deemed necessary, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's respiratory disorder began in service, or is otherwise the result of military service, to include any exposure to asbestos he may have had due to his duties as an excavation specialist during military service. All findings should be reported in detail and all opinions must be accompanied by a clear and complete rationale. 3. Following the completion of the foregoing, undertake any additional development deemed necessary to adjudicate the appeal for a TDIU rating. If any benefits sought on appeal remain denied, the Veteran should be issued a supplemental statement of the case and allowed an appropriate period to respond before the case is returned to the Board, if in order. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. B. Smith, Associate 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.