Citation Nr: 18148401
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 16-36 136
DATE:	November 7, 2018
REMANDED
Entitlement to service connection for a disability of the right ring finger is remanded.
Entitlement to service connection for a lower back disability is remanded.
Entitlement to service connection for a disability of the right lower extremity to include as secondary to a lower back disability is remanded.
Entitlement to an initial disability rating exceeding 20 percent for a right shoulder disability is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1988 to November 1992.  
This appeal comes to the Board of Veterans’ Appeals (Board) from August 2013 and November 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO).  The August 2013 rating decision granted the Veteran entitlement to service connection for a right shoulder disability (currently rated at 20 percent) but denied entitlement to service connection for lower back and right ring finger disabilities.  The November 2016 rating decision denied entitlement to service connection for neuropathy in the Veteran’s right lower extremity to include as secondary to the Veteran’s claimed lower back disability.  
In a September 2016 letter, the Veteran’s attorney indicated that there are outstanding relevant treatment records and positive nexus statements including statements from Dr. Campbell, which were not considered by the Agency of Original Jurisdiction (AOJ).  In a December 2016 Notice of Disagreement to the November 2016 rating decision, the Veteran’s attorney raised the intertwined issue of entitlement to TDIU, which has not been adjudicated by the AOJ in the first instance.  In a March 2018 letter, the Veteran’s attorney also stressed that a Statement of the Case has not been issued to date in regard to the Veteran’s claimed disability of the right lower extremity to date.  On remand, the AOJ should request the assistance of the Veteran and his attorney in locating all outstanding relevant evidence before readjuctating the Veteran’s claims.    
The matters are REMANDED for the following action:
1. The AOJ should contact the Veteran and his representative and request their assistance in identifying any outstanding relevant records to include treatment records and nexus statements from Dr. Campbell.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran’s claims file.
2. After completing the above action and any other necessary development, the claims must be readjudicated.  The AOJ should ensure that a Statement of the Case has been issued for each matter remanded by the Board.  If a Statement of the Case already exists on an issue and the claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and current representatives.  After the Veteran has had adequate opportunity to respond, all remaining appealed issues must be returned to the Board for appellate review.
 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Michael Duffy, Associate Counsel