Citation Nr: 21040070
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 17-60 846
DATE: July 2, 2021

REMANDED

Entitlement to service connection for lumbar osteoporotic bones with scattered degenerative changes (claimed as bulging disc in back and bone spur) is remanded.

Entitlement to service connection for a left sciatic nerve disability is remanded.

Entitlement to service connection for a right sciatic nerve disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1978 to December 1991.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision by the Department of Veterans Affairs (VA).

In May 2021, the Veteran testified at a Board hearing.  The transcript of that hearing has been associated with the Veteran's claims file.  

1. Entitlement to service connection for lumbar osteoporotic bones with scattered degenerative changes (claimed as bulging disc in back and bone spur) is remanded

In April 2017, the RO issued a rating decision that denied entitlement to service connection for a lumbar spine disability, left sciatic nerve disability, and a right sciatic nerve disability.  In May 2017, the Veteran submitted a VA-Form 21-0958.  The Board notes that the Veteran expressed his dissatisfaction with the denial of his sciatic nerve claims in Section 11 on the VA-Form 21-0958.  The Board further notes that in Section 12 of this form, the Veteran stated that an injury to his back occurred at his first duty station and the injury to his back was as likely as not caused by the work being performed while stationed in Germany as a combat engineer.  An October 2017 Statement of the Case addressed the Veteran's sciatic nerve claims, but it appears that the RO did not accept the Veteran's statement regarding his lumbar spine as a valid notice of disagreement and did not address the Veteran's lumbar spine disability in the October 2017 Statement of the Case.  Nevertheless, the Board finds that statement from the Veteran pertaining to his lumbar spine constitutes a valid notice of disagreement.  Consequently, as no statement of the case has been issued to address this claim, the Board is required to remand this claim for issuance of a statement of the case.  See Manlicon v. West, 12 Vet. App. 238 (1999).

2. Entitlement to service connection for a left sciatic nerve disability is remanded.

3. Entitlement to service connection for a right sciatic nerve disability is remanded.

As to the Veteran's bilateral sciatic nerve claims, the Board finds that these claims are inextricably intertwined with the low back disability on appeal.  Therefore, a final decision on the issue of entitlement to service connection for a left and right sciatic nerve disability cannot be rendered at this time.  See Harris v. Derwinski, 1 Vet. App. 180 (1991) (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 issue has been rendered).  

The matters are REMANDED for the following action:

1. Issue the Veteran a Statement of the Case, to include notification of the need to timely file a substantive appeal, regarding the issue of entitlement to service connection for lumbar osteoporotic bones with scattered degenerative changes (claimed as bulging disc in back and bone spur).  The Veteran must then file a timely Form 9 in order for this matter to be returned to the Board for further appellate review.  

 

 

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.