Citation Nr: 21076243 Decision Date: 12/23/21 Archive Date: 12/22/21 DOCKET NO. 13-14 522 DATE: December 23, 2021 REMANDED 1. Service connection for residuals of a stroke. 2. Special monthly compensation (SMC) based on the need for aid and attendance or housebound. REASONS FOR REMAND The Veteran served on active duty from March 1968 to December 1970. This case is before the Board of Veterans' Appeals (Board) on appeal from a June 2012 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. Most recently, in an August 2020 decision, the Board denied the claims on appeal. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2021 Court Order granting a Joint Motion for Remand (JMR), the Court vacated the Board's August 2020 decision and remanded the case for further development. 1. Service connection for residuals of a stroke. 2. SMC based on the need for aid and attendance or housebound. The Veteran contends that he had a stroke was caused or aggravated by service-connected depression. He also contends that he requires aid and attendance or is housebound due to service-connected disabilities. In the August 2020 decision, the Board found that the Veteran's stroke was not related to depression. In the August 2021 JMR, the Court concluded that the Board failed to address a theory of entitlement to service connection for residuals of a stroke based on exposure to herbicide agents. Specifically, the Court noted that the RO had previously conceded exposure to herbicide agents in a December 2002 rating decision that granted service connection for prostate cancer. Furthermore, the Court found that the Board was in constructive possession of the report, Veterans and Agent Orange: Update 11 issued by the National Academy of Sciences (NAS) (hereinafter "2018 NAS Update") in November 2018. In pertinent part, the 2018 NAS Update found limited or suggestive evidence of an association between herbicide exposure and strokes. Given the above, and as noted by the Court, a theory of entitlement for service connection for stroke residuals is reasonably raised by the record based on conceded herbicide exposure. See Robinson v. Shinseki, 557 F.3d 1355 (Fed. Cir. 2009). Accordingly, remand is warranted for an additional VA opinion that addresses this theory of entitlement and the 2018 NAS Update. In addition, the Veteran's SMC claim is also remanded as it is intertwined with the service connection claim on appeal. These claims are REMANDED for the following action: Obtain a VA opinion from an appropriate VA examiner to determine the nature and etiology of the Veteran's residuals of a stroke. Following a review of the record, the examiner should state whether it is at least as likely as not that the Veteran's stroke was due to service, to include presumed exposure to herbicide agents during service. (Continued on the next page) The examiner should consider the November 2018 National Institute of Science (NAS) study finding sufficient evidence of a positive association between strokes and exposure to tactical herbicides. A rationale should be provided for opinions expressed. DAVID JIMERFIELD Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Small, Attorney Advisor 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.