Citation Nr: 18147197 Decision Date: 11/05/18 Archive Date: 11/02/18 DOCKET NO. 15-03 546 DATE: November 5, 2018 REMANDED The issue of a rating in excess of 20 percent for the period prior to April 3, 2013, and in excess of 10 percent for the period on and after April 3, 2013, for cervical spine strain and degenerative changes, to include the issue of whether the reduction of the rating for the cervical spine disability from 20 to 10 percent effective April 3, 2013, was proper, is remanded. The issue of a rating in excess of 40 percent for the period prior to April 3, 2013, and in excess of 10 percent for the period on and after April 3, 2013, for lumbosacral spine strain and degenerative arthritis, to include the issue of whether the reduction of the rating for the lumbosacral spine disability from 40 to 10 percent effective April 3, 2013, was proper, is remanded. The issue of a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from February 1991 to November 1994. In July 2014, the Agency of Original Jurisdiction denied a TDIU. When entitlement to a TDIU is raised during the process of rating an underlying disability, it is part of the claim for benefits for the underlying disability. Rice v. Shinseki, 22 Vet. App. 447 (2009). Therefore, the issue of entitlement to TDIU is part of this appeal. In his October 2018 Application for Disability Compensation and Related Compensation Benefits (VA Form 21 526EZ), the Veteran sought service connection for a right knee disorder and a left knee disorder. The issues of whether new and material evidence has been received to reopen the claims of entitlement to service connection for a right knee disorder and a left knee disorder have not been adjudicated by the Agency of Original Jurisdiction. Therefore, the Board does not have jurisdiction over those issues. The issues are referred to the Agency of Original Jurisdiction for appropriate action. 38 C.F.R. § 19.9 (b). 1. The issues of a rating in excess of 20 percent for the period prior to April 3, 2013, and in excess of 10 percent for the period on and after April 3, 2013, for cervical spine strain and degenerative changes, to include the issue of whether the reduction of the rating for the cervical spine disability from 20 to 10 percent effective April 3, 2013, was proper, and a rating in excess of 40 percent for the period prior to April 3, 2013, and in excess of 10 percent for the period on and after April 3, 2013, for lumbosacral spine strain and degenerative arthritis, to include the issue of whether the reduction of the rating for the lumbosacral spine disability from 40 to 10 percent effective April 3, 2013, was proper, are remanded. A September 2017 Social Security Administration (SSA) award letter indicates that the Veteran had been awarded disability benefits. The evidence considered by the SSA in granting the Veteran’s claim is not of record. The Department of Veterans Affairs’ (VA) duty to assist the Veteran includes an obligation to obtain the records from the SSA. Masors v. Derwinski, 2 Vet. App. 181 (1992). The Veteran was last afforded a VA spine examination in June 2014. VA’s duty to assist includes, in appropriate cases, the duty to conduct a thorough and contemporaneous medical examination which is accurate and fully descriptive. McLendon v. Nicholson, 20 Vet. App. 79 (2006); Green v. Derwinski, 1 Vet. App. 121, 124 (1991). Given the passage of over four years since the last VA spine examination, the Board of Veterans' Appeals (Board) finds that further VA spine examination is necessary to determine the current nature and severity of the service connected cervical spine and lumbosacral spine disabilities. 2. The issue of entitlement to a TDIU is remanded. Entitlement to TDIU requires an accurate assessment of the impairment associated with all of the service-connected disabilities. Given that the claim for TDIU is inextricably intertwined with other claims being remanded, the issue of entitlement to TDIU must also be remanded. The matters are REMANDED for the following action: 1. Contact the SSA and request that documentation of the Veteran’s award of benefits and copies of all records developed in association with the decision. 2. Schedule the Veteran for a VA spine examination to assist in determining the current severity of the service connected cervical spine and lumbosacral spine disabilities. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a) Provide ranges of motion for passive and active motion of the cervical spine and the lumbosacral spine. The examiner should state whether there is any additional loss of cervical spine and lumbosacral spine function due to painful motion, weakened motion, excess motion, fatigability, or incoordination. (b) Indicate whether, and to what extent, the Veteran experiences functional loss of the spine due to pain or any other symptoms during flare-ups or with repeated use. (c) State whether or not there is any ankylosis of the spine or any segment of the spine. (d) Specifically address the impact of the cervical spine and lumbosacral spine disabilities on the Veteran’s vocational pursuits. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Elliot Harris, Associate Counsel