Citation Nr: 18144886
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 17-01 285
DATE:	October 25, 2018
REMANDED
1. Entitlement to an initial rating in excess of 30 percent for ischemic heart disease, is remanded.
2. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty from April 1966 to February 1974.  He was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with 60 Device, and Vietnam Service Medal with seven Campaign Stars. 
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 
In his December 2016 substantive appeal, the Veteran requested a hearing before a Veterans Law Judge (VLJ).  In June 2018, the Veteran withdrew his hearing request and the record does not reflect that he has made a further request to reschedule the canceled hearing.
The issue of entitlement to a TDIU due to service-connected ischemic heart disease has been raised by the record during the course of this appeal.  See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009).  Thus, the issue in included within the scope of this appeal. 
1. Entitlement to an initial rating in excess of 30 percent for ischemic heart disease is remanded.
The Veteran’s statements in the November 2014 Notice of Disagreement and December 2016 substantive appeal, including his reports of worsening fatigue due to his heart condition, suggest the severity of his disability may not be adequately demonstrated in the evidence currently of record.  Accordingly, the Veteran should be afforded new VA examination to assess the current nature, extent, and severity of his service-connected ischemic heart disease.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).
The Veteran also stated that he received private treatment from Dr. Rebecca Floyd, Dr. Fine who has retired, and Dr. Robert Bishop.  Those treatment records, as well as updated private and VA treatment records, should be requested on remand.  
2. Entitlement to a TDIU. 
The issue of entitlement to a TDIU was reasonably raised during the October 2014 VA examination for ischemic heart disease as a component of the initial rating claim on appeal.  To ensure that there is a complete record to adjudicate the issue of entitlement to a TDIU, a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, is needed to substantiate the claim.  To date, the RO has not requested that the Veteran provide a completed VA Form 21-8940. 
The matter is REMANDED for the following action:
1. Obtain all outstanding VA medical records concerning the Veteran’s treatment for his ischemic heart disease.  
2. Ask the Veteran to provide the names and addresses of any medical providers who have recently treated him for ischemic heart disease and to provide releases for those clinicians.  Also, ask the Veteran to provide releases for Dr. Floyd, Dr. Bishop, Dr. Fine and from other doctors who have treated him at those offices.  After securing the necessary releases, obtain any relevant records.  If any requested records are unavailable, the claims file should be annotated as such and the Veteran and his representative notified of such.
3. Send the Veteran a letter requesting that he complete a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, in order to provide the information needed to substantiate the claim of TDIU.
4.  After completing the above actions and associating any additional records with the claims file, schedule the Veteran for a VA examination to ascertain the severity of his service-connected ischemic heart disease.    
 
C. BOSELY
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Bilstein, Associate Counsel