Citation Nr: 21077635
Decision Date: 12/30/21	Archive Date: 12/30/21

DOCKET NO. 20-60 657
DATE: December 30, 2021

REMANDED

Entitlement to accrued benefits based on a pending claim for service connection for dementia is remanded. 

Entitlement to accrued benefits based on a pending claim for special monthly compensation (SMC), based on the need for aid and attendance is remanded. 

INTRODUCTION

The Veteran served on active duty from July 1962 to December 1965.  He died in June 2020; the Appellant is his surviving spouse and has been substituted as the claimant in these matters.

In December 2021, the Appellant attended a hearing before the undersigned Veterans Law Judge.  

REASONS FOR REMAND

The Veteran initiated the above-noted claims in July 2017.  At that time, he asserted his dementia was caused or aggravated by his service-connected prostate cancer.  Since then, the Appellant has asserted the Veteran's dementia was Lewy body dementia, which she states is a form of Parkinson's disease.  By way of a June 2001 rating decision, the RO conceded the Veteran was exposed to herbicides in service.  As such, if the Veteran's dementia was a form of Parkinson's disease, it may be service connected on a presumptive basis.  To date, the RO has not obtained a medical opinion addressing these theories of entitlement.  

The Board finds a medical opinion is necessary in this case.  Further, the record appears to show the Veteran was receiving in-home assistance for his dementia, and as such the claim for entitlement to SMC based on the need for aid and attendance is intrinsically intertwined with the claim for service connection for dementia.  This follow, because a decision on that issue may materially affect the SMC claim.  As such, this issue must remain in abeyance at this time.

Accordingly, this case is REMANDED for the following actions:

Obtain a medical opinion addressing the above-noted claims from a Neurologist.  Following a review of the relevant records and lay statements, the physician is asked to state an opinion with respect to whether the Veteran's dementia at least as likely as not (a 50 percent probability or greater):

a)	was a form of Parkinson's disease;

b)	was caused by his service-connected prostate cancer, to include medications taken therefor; or

c)	was worsened to any degree by his service-connected prostate cancer, to include medications taken therefor.  

The examiner must consider and discuss the Veteran's competent lay statements regarding the nature of his service and manifestations experienced.  The examiner is also asked to consider and expressly discuss the Appellant's assertions that the Veteran was diagnosed with Lewy body dementia, which she contends is a form of Parkinson's.  

The examiner must provide a complete rationale for all proffered opinions.  If the examiner is unable to provide any required opinion, he or she should explain why.  If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so.  If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.