Citation Nr: 21029568
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 16-26 191
DATE: May 13, 2021

REMANDED

Whether the severance of service connection for the Veteran's chronic lymphocytic leukemia was proper is remanded.

Entitlement to service connection for chronic fatigue is remanded.

Entitlement to service connection for a skin condition is remanded.

Entitlement to service connection for a left arm condition is remanded.

Entitlement to service connection for squamous cell cancer is remanded.

Entitlement to service connection for depression is remanded.

Entitlement to dependency and indemnity compensation and survivors pension benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1963 to November 1966. He died in June 2014. The appellant is the Veteran's surviving spouse. In April 2019, she testified at a Board hearing before the undersigned Veterans Law Judge. A transcript is included in the record.

1. Whether the severance of service connection for the Veteran's chronic lymphocytic leukemia was proper is remanded.

2. Entitlement to service connection for chronic fatigue is remanded.

3. Entitlement to service connection for a skin condition is remanded.

4. Entitlement to service connection for a left arm condition is remanded.

5. Entitlement to service connection for squamous cell cancer is remanded.

6. Entitlement to service connection for depression is remanded.

Prior to his death, the Veteran filed a Notice of Disagreement in March 2014 with regard to all issues decided in a February 2014 rating decision. The appeal was still pending at the time of his death. In a May 2020 correspondence, the appellant was recognized as the Veteran's surviving spouse and was substituted as the claimant in the pending appeal. Remand is therefore needed to issue the appellant a Statement of the Case on these issues. See Manlincon v. West, 12 Vet. App. 238 (1999).

7. Entitlement to dependency and indemnity compensation and survivors pension benefits is remanded.

To the extent that the issue of the propriety of severance of service connection for the Veteran's chronic lymphocytic leukemia may have a direct impact on the outcome of this appeal, it is remanded as inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

The matters are REMANDED for the following action:

1. Send the appellant and her representative a statement of the case that addresses the issues of the propriety of the severance of service connection for chronic lymphocytic leukemia, as well as entitlement to service connection for chronic fatigue, a skin condition, a left arm condition, squamous cell cancer, and depression.  If the appellant perfects an appeal by submitting a timely VA Form 9, the issues should be returned to the Board for further appellate consideration.

2. Conduct any appropriate development on the appellant's claim for dependency and indemnity compensation and survivors pension benefits.

 

 

M. E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Komperda, 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.