Citation Nr: 18140940 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 15-33 094 DATE: October 9, 2018 REMANDED Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to service connection for a right hip disorder is remanded. Entitlement to service connection for obstructive sleep apnea is remanded. Entitlement to service connection for radiculopathy of left upper extremity is remanded. Entitlement to a rating in excess of 40 percent for residuals of gunshot wound to the right scapula is remanded. Entitlement to an effective date earlier than June 26, 2012, for the award of a 40 percent rating of residuals of gunshot wound to the right scapula. Entitlement to a temporary total rating based on right hip replacement surgery on October 22, 2013. REASONS FOR REMAND The Veteran had active service from June 1972 to April 1976 and December 1977 to August 1979. The record indicates that there are potentially outstanding, relevant records. The record indicates that the Veteran is receiving disability benefits from the Social Security Administration (SSA). See May 2013 SSA record. Records in the possession of the SSA could be supportive of the Veteran’s claims. Thus, further development to obtain those records is in order. The Veteran has also reported receiving VA treatment for sleep apnea in the 1990s. The record does not include VA treatment records dated before June 1999, and it is unclear whether all available VA treatment records have been associated with the record. Notably, it is unclear whether the associated VA treatment records are based on limited searches or are indicative of the entire record. The Board finds all outstanding VA treatment records should be associated with the record. Finally, based on the age of the previous examination, the Board finds another VA examination should be conducted to determine the nature and severity of the residuals of gunshot wound. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain a copy of any SSA disability determination(s) for the Veteran and a copy of the records associated with any such determination(s). 2. Undertake appropriate development to obtain any outstanding, pertinent evidence, notably VA treatment records dated prior to June 1999 and any VA treatment records not currently associated with the electronic record. 3. Afford the Veteran a VA examination by an examiner with sufficient expertise to fully assess the Veteran’s service-connected residuals of gunshot wound. All pertinent evidence of record should be made available to and reviewed by the examiner. Any indicated studies should be performed. If the examiner is unable to conduct the required testing or concludes any required testing is not necessary, he or she must explain why that is so. The examiner must provide all information required for rating purposes. 4. Thereafter, readjudicate the Veteran’s claims. If the benefits sought on appeal remain denied, the Veteran should be provided a supplemental statement of the case (SSOC). The SSOC must contain notice of all relevant actions taken on the claims for benefits, to include a summary of the evidence and applicable law and regulations considered pertinent to the issue currently on appeal. An appropriate period of time should be allowed for response. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Snyder, counsel