Citation Nr: 21029232 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 20-08 534 DATE: May 13, 2021 REMANDED Entitlement to service connection for chronic lymphocytic leukemia (CLL) to include as due to ionizing radiation exposure and herbicide exposure is remanded. Entitlement to a disability rating more than 10 percent prior to January 29, 2020 and more than 20 percent thereafter for degenerative disc disease of the cervical spine is remanded. Entitlement to a disability rating more than 10 percent for degenerative disc disease of the lumbar spine is remanded. Entitlement to a total disability based on unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1960 to May 1964 and from November 1964 to May 1980. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing has been associated with the claims folder. During the pendency of the appeal, the disability rating for the Veteran's degenerative disc disease of the cervical spine was increased to 20 percent in a February 2020 rating decision. However, as the increased evaluation did not constitute a full grant of the benefits sought, the Veteran's claim for higher evaluation remains in appellate status. See AB v. Brown, 6 Vet. App. 35, 38-39 (1993). Service connection for CLL; higher evaluations for degenerative disc disease of the cervical spine and lumbar spine; and TDIU With regard to the Veteran's claim of service connection for CLL, the Veteran contends that he has CLL that is related to service, to include as due to ionizing radiation exposure and herbicide exposure. See the January 2021 Board hearing transcript, pgs. 10-11. He further contends that the CLL is related to exposure to jet fuel and benzine while performing his duties as an aircraft mechanic. Id. The Board observes that the Veteran's service treatment records are absent complaints of or finding related to CLL. Further, his service personnel records are absent any indication that he was exposed to ionizing radiation or herbicides. However, the Board notes that the Veteran is competent to attest to having exposure to jet fuel and benzine during service. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Therefore, the Veteran as a lay person is competent to report such exposure. Moreover, the current medical evidence of record documents treatment for CLL and the Veteran has noted medical research which relates CLL to exposure to benzine. There is no medical opinion of record as to whether the Veteran's current CLL is related to service. In light of the foregoing, the Board finds that an opinion for such should be obtained on remand. With respect to the Veteran's claims of entitlement to increased disability ratings for degenerative disc disease of the cervical spine and lumbar spine, following the most recent adjudication of these claims by the agency of original jurisdiction (AOJ) which was a February 2020 statement of the case (SOC), additional pertinent evidence, specifically a VA treatment record dated February 2021 which documented treatment for the Veteran's lumbar spine and indicated guarding due to antalgic gait as well as a VA treatment record dated March 2021 for the Veteran's cervical spine which included range of motion testing was associated with the claims file without a waiver of review by the AOJ. The Board will remand these matters for AOJ consideration of the additional evidence received and the issuance of a supplemental statement of the case (SSOC). 38 C.F.R. §§ 19.31(a), 19.37(a). The Board notes that the claim of entitlement to TDIU is inextricably intertwined with the service connection and increased rating claims remanded herein. In other words, development of these claims may impact the Veteran's TDIU claim. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) [two or more issues are inextricably intertwined if one claim could have significant impact on the other]. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of his CLL. The claims folder must be made available to the examiner. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran has CLL that is related to his service, to include his report of exposure to jet fuel and benzine. The examiner must provide a rationale for his or her opinion. 2. Review the claims file to ensure that all of the foregoing requested development is completed, and arrange for any additional development indicated. Then readjudicate the claims on appeal. If the benefits sought remain denied, issue an appropriate SSOC and provide the Veteran and his attorney with the requisite period of time to respond. H. N. SCHWARTZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Arif Syed, 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.