Citation Nr: 22011844 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 09-43 611 DATE: March 2, 2022 REMANDED Entitlement to service connection for thoracolumbar spine is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for left lower extremity radiculopathy is remanded. Entitlement to service connection for right lower extremity radiculopathy is remanded. Entitlement to special monthly compensation based on aid and attendance is remanded. REASONS FOR REMAND 1. Entitlement to service connection for thoracolumbar spine is remanded. 2. Entitlement to service connection for a cervical spine disability is remanded. The July 2021 examiner opined that the Veteran's back and neck disabilities, including cervical spine degenerative arthritis, lumbar spine degenerative arthritis, intervertebral disc syndrome, degenerative disc disease and spinal stenosis were less likely than not related to exposure while serving in Southwest Asia because degenerative changes occur in the spine as people age, wear/tear, genetics, smoking, occupational, depression, and previous injury or trauma to the neck. The examiner suggests that depression could cause or aggravate the Veteran's degenerative changes in his thoracolumbar spine and cervical spine. An addendum opinion is needed because the Veteran has been service-connected for posttraumatic stress disorder and major depressive disorder since May 15, 1998. 3. Entitlement to service connection for left lower extremity radiculopathy is remanded. 4. Entitlement to service connection for right lower extremity radiculopathy is remanded. The issues of entitlement to service connection for his left and right lower extremity radiculopathy is intertwined with the Veteran's claims for thoracolumbar spine and cervical spine because the July 2021 examiner noted that the Veteran's bilateral lower extremity radiculopathy was due to the changes in the lumbar spine causing nerve root compression. Harris v. Derwinski, 1 Vet. App. 180 (1991). 5. Entitlement to special monthly compensation based on aid and attendance is remanded. The issue of special monthly compensation based on aid and attendance is intertwined with the issue of entitlement to service connection for thoracolumbar spine and right and left lower extremity radiculopathy. The September 2021 Aid and Assistance examiner noted that the Veteran's lower extremities were weak and he was unsteady on his feet. The examiner further noted that he used a cane for ambulation. The December 2019 examiner noted that the Veteran was also in need of assistance with bathing due to a fall. The December 2019 Aid and Assistance examination report noted that syncope, neuropathy and degenerative joint disease were disabilities that restricted him in activities and functioning. As the Board finds that the Veteran's claims are inextricably intertwined, they must be addressed together. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's cervical spine disability is at least as likely as not proximately due to his service-connected PTSD and major depression. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's cervical spine disability is at least as likely as not aggravated beyond natural progression by his service-connected PTSD and major depression. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's thoracolumbar spine disability is at least as likely as not proximately due to his service-connected PTSD and major depression. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's thoracolumbar spine disability is at least as likely as not aggravated beyond natural progression by his service-connected PTSD and major depression. The examiner's attention is directed to the July 2021 examiner's opinion that notes that degenerative changes occur in the spine as people age, wear/tear, genetics, smoking, occupational, depression, and previous injury or trauma to the neck. The Veteran has been service-connected for PTSD and major depressive disorder since 1998. 2. Readjudicate the Veteran's claims, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand. If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Tahirih S. Samadani, 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.