Citation Nr: 21009036
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 20-00 232
DATE:  February 18, 2021

REMANDED

Entitlement to service connection for bilateral lower extremity neuropathy is remanded. 

REASONS FOR REMAND

The Veteran had active service from February 1961 to January 1964. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In September 2020, the Veteran withdrew his request for a Board hearing. 

The Veteran maintains that his bilateral lower extremity neuropathy is caused by his spine disability. He filed a claim for service connection for degenerative arthritis of the spine, which was denied in a December 2017 rating decision, along with claims for service connection for posttraumatic stress disorder (PTSD), bilateral hearing loss, tinnitus, and a bilateral hip disability. In August 2018, he filed a notice of disagreement (NOD) with that decision. While that appeal was pending, he also filed a claim for service connection for bilateral lower extremity neuropathy, which was denied in an October 2018 rating decision. He filed a NOD with that decision and elected the Decision Review Office (DRO) process.

An April 2019 DRO conference report noted that the Veteran most likely had sciatica secondary to his back condition. The DRO agreed to conduct additional stressor development regarding the Veteran’s claim for service connection for PTSD and to review the file and determine whether additional development, including VA examinations, were needed. 

In November 2019, the DRO issued a statement of the case (SOC) addressing the issue of service connection for bilateral lower extremity neuropathy and the claim was certified to the Board; however, an SOC has not been issued addressing the issue of service connection for a spine disability. Because the issues are inextricably intertwined, adjudication of the claim for service connection for bilateral lower extremity neuropathy must be deferred pending final disposition of the claim for service connection for a spine disability. See Henderson v. West, 12 Vet. App. 11, 20 (1998). 

The matters are REMANDED for the following action:

1. Issue an SOC on the issue of entitlement to service connection for a spine disability. Inform the Veteran of the requirements to perfect an appeal of that issue. If the Veteran perfects an appeal, return the case to the Board. 

2. Then, readjudicate the claim on appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Mishalanie, 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.