Citation Nr: 18147518 Decision Date: 11/05/18 Archive Date: 11/05/18 DOCKET NO. 14-42 971 DATE: November 5, 2018 REMANDED Service connection for degenerative disc disease of the lumbosacral spine (back disability) is remanded. Service connection for osteoarthritis of the cervical spine (neck disability) is remanded. Service connection for osteoarthritis of the left hip is remanded. Service connection for osteoarthritis of the right hip is remanded. Service connection for right lower extremity neuropathy is remanded. Service connection for left lower extremity neuropathy is remanded. Service connection for spontaneous muscle cramps of the entire body to include the hands and feet (muscle cramps) is remanded. Service connection for swelling of muscles (edema) is remanded. Service connection for upper left arm pain is remanded. Entitlement to a total disability rating based on individual unemployability is remanded. REASONS FOR REMAND The Veteran served in the United States Army from November 1964 to September 1967. The issues are on appeal from a May 2012 rating decision. On his September 2014 substantive appeal, the Veteran indicated that he wanted a Travel Board hearing. The Veteran was scheduled for a hearing on August 28, 2014. On August 25, 2014, the Veteran called the regional office (RO) to reschedule his hearing for a later date as he could not attend due to knee pain. The Veteran was a no-show for a hearing rescheduled in April 2018, which has been acknowledged by the Veteran. See June 2018 letter. The Veteran’s request for a Travel Board Hearing is considered withdrawn. See 38 C.F.R. § 20.702 (d), (e). 1. Service connection for back disability; neck disability; left and right hip disorders; left and right lower extremity neuropathy; spontaneous muscle cramps; edema; and upper left arm pain are remanded. In an October 2014 statement of the case, the regional office (RO) included VA treatment records from September 2011 to December 2013 as evidence that had been considered when adjudicating the Veteran’s claims. As the record currently stands, the only VA treatment records in the Veteran’s file are dated between September 2011 and April 2012. His VA treatment records between April 2012 and December 2013 are missing. The Board of Veterans’ Appeals emphasizes that records generated by VA facilities that may have an impact on the adjudication of a claim are considered constructively in the possession of VA adjudicators during the consideration of a claim, regardless of whether those records are physically on file. See Dunn v. West, 11 Vet. App. 462, 466-67 (1998); Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). On remand, the remainder of the Veteran’s VA treatment records, specifically from April 2012 to December 2013, must be obtained. Additionally, the Board will afford the Veteran a VA examination and opinion in light of statements from the Veteran and medical treatise information. 2. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. As the TDIU claim is inextricably intertwined with the remanded service connection claims, it will also be remanded pending adjudication of those claims. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two or more issues are inextricably intertwined if one claim could have significant impact on the other). The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate with the claims file. Specifically, the RO should obtain records between April 2012 to December 2013. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any (1) lumbar spine disability, (2) cervical spine disability, (3) right hip disability, (4) left hip disability, (5) neuropathy of the right lower extremity, (6) neuropathy of the left lower extremity, (7) spontaneous muscle cramps of the entire body to include the hands and feet, (8) swelling of muscles (edema), and (9) upper left arm pain. The examiner must opine whether each claimed disability is at least as likely as not related to an in-service injury, event, or disease, including prolonged sitting on account of the Veteran’s military duties. In so opining, the examiner must consider (i) the Veteran’s June 21, 2018 statement including the article referenced therein by him (Sciatica? Maybe You’re Sitting Too Much www.healthcare.utah.edu featuring an August 25, 2016 interview with Dr. David Petron) and (ii) the August 1967 separation Report of Medical History in which the Veteran’s positive responses included “swollen or painful joints” and “cramps in your legs.” TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Lee, Associate Counsel