Citation Nr: 21067094 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 18-38 542A DATE: November 3, 2021 REMANDED Entitlement to an effective date earlier than July 25, 2016, for the award of service connection for irritable bowel syndrome (IBS) is remanded. Entitlement to an effective date earlier than July 25, 2016, for the award of service connection for right buttock strain is remanded. Entitlement to special monthly compensation (SMC) based on TDIU and additional disability combining for a combined disability rating of 60 percent is remanded. Entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran had active service from May 1966 to June 1969. These matters come before the Board of Veterans' Appeals (Board) after the matters of entitlement to an earlier effective date for the awards of service connection for IBS and right buttock strain were previously denied by the Board in July 2019 and appealed to the United States Court of Appeals for Veterans Claims (Veterans Court). In March 2021, the Veterans Court set aside the Board's denials on the grounds that the Board had failed to address the Veteran's claims regarding a data entry error and entitlement to SMC. Remanded Issues Entitlement to an effective date earlier than July 25, 2016, for the awards of service connection for IBS and right buttock strain Among the Veteran's arguments for an earlier effective date for these two awards for service connection, the Veteran argues that there was some sort of data error regarding the assigned effective date in a VA computer system. He described his discovery of this data error in his April 2018 notice of disagreement. Therein, he claimed that, when he went to inquire as to why he had not received back that he expected, he was told that these awards of service connection for IBS and right buttock strain were effective July 25, 2018, approximately 3 months after the date of his notice of disagreement. He explained that, upon hearing this, he was given a form to apply for an earlier effective date that he faxed to VA at that time. In this description, the Veteran appears reference a January 2018 Statement in Support of Claim form that was accepted as a claim for an earlier effective date. Thus, he appears to allege that at one point he was told that at least one VA electronic record indicated that his awards for IBS and right buttock strain were made effective approximately 6 months after he began inquiring about back pay in January 2018 and two years after the effective date listed on the August 2017 Rating Decision establishing service connection for these two conditions. The situation described by the Veteran seems highly irregular and likely indicates that a date was misread to him by a VA employee or employees. Nevertheless, to ensure that the Board's subsequent treatment of this argument is given complete consideration, the Board is remanding these claims for an appropriate records search to determine if the effective dates for these two awards were entered into any VA electronics system as any date other than July 25, 2016. Entitlement to SMC The March 2021 Memorandum Decision of the Veterans Court appears to have accepted the Veteran's contention that his claim for SMC is sufficiently connected to his claims for earlier effective date claims that the claims are inextricably intertwined. Consequently, because the Board is remanding the earlier effective date claims in section one, this claim is also being remanded. Entitlement to service connection for hypertension The Veteran's claim for service connection for hypertension was denied in an August 2004 rating decision. After this decision was rendered, the Veteran submitted a VA Form 9, Substantive Appeal appealing all of the denied claims. This appears to have been interpreted as a notice of disagreement with respect to the denied claims for service connection for gastrointestinal conditions (GI) conditions in the August 2004 rating decision which were then subsequently addressed in a May 2005 Statement of the Case (SOC). Consequently, the Veteran asserts that the failure to provide him with a SOC regarding the issue of entitlement to service connection for hypertension was an error. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). Therefore, the Board will remand for the issuance of an appropriate SOC with regard to the issue of entitlement to service connection for hypertension. Accordingly, these matters are REMANDED for the following actions: 1. Conduct an appropriate search of appropriate sources to determine, to the extent it is possible to do so, whether the awards for service connection for IBS and right buttock strain were ever entered as any date other than July 25, 2016. Additionally, a search of appropriate records memorializing any contact with the Veteran in January 2018 regarding this issue should be conducted. If no records of this activity can be found, an appropriate negative result should be documented in the claims file. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, which include both earlier effective date claims as well as the inextricably intertwined issue of entitlement to SMC. If any of these benefits sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. 3. Send the Veteran and his representative a statement of the case that addresses the issue of entitlement to service connection for hypertension. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Steven H. Johnston, 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.