Citation Nr: 21014977 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 19-03 655 DATE: March 16, 2021 REMANDED Entitlement to an evaluation in excess of 60 percent for non-Hodgkin’s lymphoma is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1961to February 1965. This matter comes before the Board of Veterans' Appeals (Board) on appeal from October 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). In December 2019, the case came before the Board. The Board granted entitlement to a rating of 60 percent for residual symptoms of non-Hodgkin’s lymphoma. The Board also remanded the Veteran’s claim for TDIU. In May 2020, the RO issued a rating decision that awarded entitlement to TDIU effective from March 14, 2017. Thus, this issue is not before the Board. Following the Board’s decision, the Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). In October 2020, the Secretary of VA and a representative of the Veteran filed a Joint Motion for Remand (JMR). Even though the Board stated that the issues of entitlement to service connection for dementia, a gastrointestinal disorder, vertigo, migraine headaches, and various locations of bodily pain, as secondary to the Veteran’s non-Hodgkin’s Lymphoma were currently being adjudicated by the Regional Office and not properly before the Board, the parties agreed that the Board did not adequately address these symptoms. In turn, the parties agreed that a remand was necessary for additional analysis. 1. Entitlement to an evaluation in excess of 60 percent for non-Hodgkin’s lymphoma is remanded. In the October 2020 JMR, the parties agreed that all symptoms to include claims for service connection were included in the Veteran’s evaluation of non-Hodgkin’s lymphoma. In a separate August 2020 Board decision, the Board granted entitlement to service connection for dementia, vertigo, and headaches as secondary to non-Hodgkin’s lymphoma. The RO has not yet issued a rating decision regarding these issues, and as such, the Board is deferring a decision on entitlement to a rating in excess of 60 percent for service-connected residuals of non-Hodgkin’s lymphoma until these issues are rated by the RO. Also, in the October 2020 JMR, the parties agreed that the Board did not adequately address the reported symptoms of restlessness and night sweats that mimic restless leg syndrome or the Veteran’s complaints of bodily pain that mimic rheumatoid arthritis. In an August 2020 decision, the Board addressed claims of entitlement to service connection for dementia and arthritis in the Veteran’s left hand, right knee, left knee, and lumbar spine. Since the August 2020 Board decision did not directly address any complaints of restless leg syndrome or rheumatoid arthritis, the Board finds that additional development is necessary to address whether these claimed symptoms are included in the Veteran’s psychiatric disorder or whether they were previously decided by the Board in its August 2020 decision. The matters are REMANDED for the following action: 1. The RO should issue a rating decision related to the issues decided in the August 2020 Board decision. 2. Schedule the Veteran for an additional VA examination in order to evaluate the severity of his service-connected non-Hodgkin’s lymphoma residuals. If the Veteran is unable to attend, then assign a VA examiner to provide a medical opinion regarding this issue. The electronic claims file must be reviewed by the examiner. All indicated studies and testing must be conducted, and all pertinent symptomatology must be reported in detail. After a review of the claims file, the examiner should provide answers to the following questions: (A). Is it as least as likely as not that the claimed symptoms of restlessness and night sweats meet the criteria for a diagnosis for restless leg syndrome? If so, is this claimed disorder a residual symptom of the Veteran’s service-connected non-Hodgkin’s lymphoma? Alternatively, are these claimed symptoms included in the evaluation of the Veteran’s service-connected dementia? (B). Is it as least as likely as not that the claimed symptom of bodily pain is a residual symptom of the Veteran’s service-connected non-Hodgkin’s lymphoma? In providing all of the requested opinions, the examiner should consider the Veteran’s competent lay claims regarding the observable symptoms he has experienced. The VA examination report must include a complete rationale for all opinions expressed. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Rescan, 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.