Citation Nr: 18148718 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 16-03 768 DATE: November 8, 2018 REMANDED Entitlement to service connection for depressive disorder is remanded Entitlement to service connection for obstructive sleep apnea is remanded. Entitlement to service connection for a left hip disability is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a right ankle disability is remanded. Entitlement to service connection for bilateral cataracts is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for heat exhaustion is remanded. Entitlement to service connection for diabetes mellitus, type II is remanded. Entitlement to service connection for peripheral neuropathy claimed as secondary to diabetes mellitus, type II is remanded. Entitlement to a rating in excess of 20 percent for degenerative arthritis of the left knee is remanded. Entitlement to a rating in excess of 10 percent for degenerative arthritis of the left ankle, status post fibula fracture is remanded. Entitlement to a finding of total disability based on individual unemployability (TDIU) due to service-connected disabilities. REASONS FOR REMAND The Veteran had active military service in the U.S. Army from July 1980 to March 1984. A claim for TDIU is inferred based on allegations made to a July 2015 examiner that disabilities claimed as service-connected prevent substantially gainful employment. Rice v. Shinseki, 22 Vet. App. 447 (2009). Although the Board regrets the additional delay, remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2017). A July private medical examination put VA on notice that the Veteran is receiving benefits from the Social Security Administration for his physical and mental disabilities. It appears those records have not been associated with the claims file. This matter should therefore be remanded and records related to such award should be associated with the Veteran’s claims file. 38 C.F.R. § 3.159. Moreover, the Veteran should be afforded a VA examination with regard ot his claim of service connection for an acquired psychiatric disorder secondary to service-connected knee and ankle disabilities, as well as for sleep apnea. A private examiner has diagnosed both conditions and related such to service secondary to the left knee and ankle. However, the rationale offered is incomplete, and it appears that she considered a level of impairment not recognized by VA at this time. An examination and opinion that considers the accurate record in its entirety will be helpful. The matters are REMANDED for the following action: 1. Associate with the claims file complete VA treatment records. 2. Contact the Social Security Administration for the purpose of obtaining a copy of all decisions and medical records relied upon in conjunction with the Veteran’s claim for Social Security Administration disability benefits. 3. Schedule the Veteran for a VA mental disorders examination. The claims folder must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed mental disorders and for each must opine as to whether it is at least as likely as not (50 percent probability or greater) such is caused or aggravated by service or a service-connected disability. A full and complete rationale for all opinions expressed is required. 4. Schedule the Veteran for a VA sleep apnea examination. The claims folder must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed mental disorders and for each must opine as to whether it is at least as likely as not (50 percent probability or greater) such is caused or aggravated by service or a service-connected disability. A full and complete rationale for all opinions expressed is required. 5. Upon completion of the above, and any additional development deemed appropriate, the AOJ should readjudicate the remanded issues. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response, the appeal must be returned to the Board for appellate review. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.L. Reid, Associate Counsel