Citation Nr: 21030328 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 15-05 180 DATE: May 18, 2021 REMANDED Entitlement to service connection for epilepsy is remanded. Entitlement to service connection for left side numbness is remanded. Entitlement to service connection for headaches is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran had active service from July 1988 to July 1992. His decorations include the Kuwait Liberation Medal and the Southwest Asia Service Medal with two Bronze Service Stars. He also had subsequent reserve service in the Army National Guard service. These matters are before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In December 2015, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing. A transcript of his testimony is of record. These claims were last before the Board in May 2018 where they were remanded for additional development. While further delay is regrettable, the Board finds additional development is needed prior to adjudicating the issues on appeal. 1. Entitlement to service connection for epilepsy is remanded. The Veteran is seeking entitlement to service connection for epilepsy. The Board finds that additional development is needed prior to adjudication of this claim. In accordance with prior remand instructions, a VA examination was obtained in July 2019. The VA examiner opined that the Veteran's epilepsy is less likely than not related to his service in the Persian Gulf, primarily because epilepsy is not included in the list of disabilities presumptively related to Gulf War exposures. Because the examiner relied solely on the fact that epilepsy is not included as a condition presumptively linked to Persian Gulf service for VA purposes, an addendum opinion is needed that addresses the likelihood that this Veteran's epilepsy, without regard to the conditions VA recognizes as being due to Persian Gulf exposures, is nevertheless at least as likely as not related to such exposures. 2. Entitlement to service connection for left side numbness is remanded. 3. Entitlement to service connection for headaches is remanded. 4. Entitlement to service connection for an acquired psychiatric disorder, to include depression and PTSD is remanded. The Veteran is seeking entitlement to service connection for left side numbness. In accordance with prior remand instructions, a VA examination was obtained in July 2019. The VA examiner indicated that in a Neurology note dated July 10, 2018, a private physician noted that the Veteran "gets spasms of his left side which may represent seizures," and this "can affect his arm and leg." This suggests that the Veteran's left side numbness could be related to his epilepsy. As such, remand is warranted for contemporaneous adjudication. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are inextricably intertwined when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issues has been rendered). Similarly, his claimed headaches and psychiatric disability are also potentially intertwined with the claim(s) being remanded. As such, remand is warranted for contemporaneous adjudication. See Harris at 183. The matters are REMANDED for the following action: 1. Obtain an addendum medical opinion addressing whether it is at least as likely as not that this Veteran's epilepsy is related to his Gulf War environmental exposures. The examiner should explain why or why not. The fact that epilepsy is not presumed to be service connected due to Gulf War environmental exposure may not be the sole basis for a negative opinion. 2. If the claims remain denied, issue a supplemental statement of the case, as appropriate. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. N. Wilson, Associate 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.