Citation Nr: 21073667 Decision Date: 12/09/21 Archive Date: 12/09/21 DOCKET NO. 14-39 290 DATE: December 9, 2021 REMANDED Entitlement to service connection for an upper respiratory disorder, to include pneumonia, bronchitis, and chronic obstructive pulmonary disorder (COPD) is remanded. Entitlement to special monthly compensation (SMC) based on the need for aid and attendance or at the housebound rate is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1977 to June 1978. In July 2018, the Board remanded the claims for further development. Additionally, in November 2020, the Board remanded the claims for, along with the issues on the title page, entitlement to service connection for a right knee disorder and entitlement to a total disability rating based on individual unemployability (TDIU). In a November 2021 rating decision, the agency of original jurisdiction (AOJ) granted entitlement to service connection for a right knee disorder and entitlement to TDIU. As this represents a full grant of the benefits sought, the issues are no longer before the Board. The Board notes that initially, the Veteran filed a claim for pneumonia. He also filed a claim for bronchitis, residuals of bronchial pneumonia to include collapsed lung. Additionally, the Veteran's records note a diagnosis for COPD. Therefore, after considering Clemons v. Shinseki, 23 Vet. App. 1 (2009), the Board finds that it is appropriate to broadly recharacterize the claim to entitlement to service connection for a respiratory condition, to include pneumonia, bronchitis, and COPD. The Veteran contends that he has a respiratory disorder that is due to military service. The Veteran's service treatment records note diagnoses for bronchitis; upper respiratory infection, organism undetermined; and viral congestion. During the period on appeal, the Veteran's private treatment records note a diagnosis and history of pneumonia and a history of bronchitis. In September 2021, the Veteran was afforded a VA examination to determine the nature and etiology of his pneumonia. The examiner diagnosed the Veteran with COPD and pneumonia. The examiner stated that the Veteran did not currently have pneumonia, but he did have a diagnosis of COPD. The examiner stated, subjectively, the Veteran complained of having episode of pneumonia in 1977 while he was in the AFB, but objectively, the Veteran has COPD and shortness of breath with dyspnea. However, the examiner noted that in November 2011, the Veteran private treatment records document evidence of pneumonia with organism unspecified. The examiner also noted that the Veteran was diagnosed with pneumonia in April 2021. The examiner stated, "because there evidence of pneumonia during service." A "negative opinion is rendered." Given the confusing language, the Board finds that clarification is needed. Additionally, the Board notes that the examiner diagnosed the Veteran with COPD. However, the examiner did not provide an opinion as to whether the Veteran's in-service bronchitis or other upper respiratory infection diagnosis caused or aggravated the Veteran's pneumonia, and/or his COPD. As such, the Board finds that a new examination is warranted to determine the nature and etiology of the Veteran's disability. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). Finally, because a decision on the remanded issues of entitlement to service connection for pneumonia could significantly impact a decision on the issue of entitlement to SMC, the issues are inextricably intertwined. As such, a remand of the claim for SMC is required. The matters are REMANDED for the following action: 1. Obtain and associate all outstanding VA and private treatment records with the claims file. 2. Schedule a VA examination to determine the nature and etiology of the Veteran's respiratory disorder. The complete record, to include a copy of this remand and the claims folder, must be made available to and reviewed by the examiner in conjunction with the examination. The examination report must include a notation that this record review took place. Based on a review of the entire record, the examiner should: Identify any respiratory disabilities that has been present during the period on appeal, i.e., from October 2012. For any diagnosed disorder, determine if it is at least as likely as not (i.e., probability of 50 percent or greater) that the diagnosed disorder had its onset in service or is in any way related to the Veteran's service, to include the in service bronchitis, upper respiratory infection, COPD, and viral congestion diagnoses. In providing the requested opinion(s), the examiner must consider the Veteran's lay statements on the history of any diagnosed respiratory disorder. Additionally, the examiner must discuss and consider any conflicting evidence or opinions of record. The examiner should cite to the medical and competent lay evidence of record and explain the rationale for all opinions given. If after consideration of all pertinent factors it remains that the opinion sought cannot be given without resort to speculation, it should be so stated and the provider must (to comply with governing legal guidelines) explain why the opinion sought cannot be offered without resort to speculation. 3. After undertaking any additional development deemed necessary, readjudicate the issues on appeal. If the benefits sought on appeal remain denied, furnish the Veteran and his representative a Supplemental Statement of the Case and afford them the opportunity to respond before the file is returned to the Board for further consideration. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Moore, Tara-Deen 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.