Citation Nr: 18151924 Decision Date: 11/20/18 Archive Date: 11/20/18 DOCKET NO. 15-01 914 DATE: November 20, 2018 REMANDED Entitlement to service connection for chronic obstructive pulmonary disease is remanded. Entitlement to service connection for a traumatic brain injury (TBI) is remanded. Entitlement to a rating in excess of 10 percent for status post pneumothorax with history of left thoracotomy is remanded. Entitlement to service connection for dermatitis is remanded. Entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is remanded. Entitlement to a rating in excess of 10 percent for fracture of the right tibia is remanded. Entitlement to a rating in excess of 30 percent for non-obstructive coronary atherosclerosis associated with hypertension is remanded. Entitlement to a rating in excess of 10 percent for hypertension is remanded. Entitlement to a rating in excess of 10 percent for pseudofolliculitis barbae is remanded. Entitlement to a rating in excess of 10 percent for diabetes mellitus is remanded. Entitlement to a rating in excess of 10 percent for headaches is remanded. Entitlement to an initial rating in excess of 10 percent for anxiety is remanded. Entitlement to a rating in excess of 10 percent for temporomandibular joint syndrome is remanded. Entitlement to a total rating based on individual unemployability by reason of service-connected disability (TDIU) is remanded. Entitlement to dependents' educational assistance (DEA) under 38 U.S.C. Chapter 35 is remanded. REASONS FOR REMAND The Veteran had active military service from July 1968 to August 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from August 2010, October 2011, February 2012, and January 2013 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) located in St. Petersburg, Florida. In the appellant’s January 2015 substantive appeal (VA Form 9), he requested a Board hearing. However, in correspondence received in December 2015, September 2016, and February 2017, it was noted that the appellant wished to withdraw his request for a Boar hearing. In light of the forgoing, the hearing request is considered withdrawn. 38 C.F.R. § 20.704(e) (2017). The Board acknowledges that the Veteran submitted a Rapid Appeals Modernization Program (RAMP) opt-in election form that was received by VA on April 2, 2018. However, the claims on appeal have already been activated at the Board and are therefore no longer eligible for the RAMP program at this time. Accordingly, the Board will undertake appellate review of the case. 1. Entitlement to service connection for chronic obstructive pulmonary disease is remanded. With regards to claims numbered 1-14, the Board observes that in correspondence received in September 2015, the appellant detailed the impact of his disabilities, to specifically include their effect on his ability to secure and follow any substantially gainful occupation. In support of his contentions, he provided documentation from the Social Security Administration (SSA) which shows that the Veteran was awarded disability benefits in August 2013. The disability benefits were changed to retirement benefits in July 2015. The Board finds that disability records from SSA are potentially relevant to the Veteran’s claims and VA therefore has a duty to undertake the necessary efforts to obtain any such records. 38 C.F.R. § 3.159(c); McGee v. Peake, 511 F.3d 1352, 1357 (Fed. Cir. 2008); see also Golz v. Shinseki, 590 F.3d 1317, 1320-21 (Fed. Cir. 2010). Thus, the Agency of Original Jurisdiction (AOJ) should attempt to secure any outstanding SSA records. 2. Entitlement to service connection for dermatitis is remanded. 3. Entitlement to a rating in excess of 10 percent for status post pneumothorax with history of left thoracotomy is remanded. 4. Entitlement to service connection for a traumatic brain injury (TBI) is remanded. 5. Entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is remanded. 6. Entitlement to a rating in excess of 10 percent for fracture of the right tibia is remanded. 7. Entitlement to a rating in excess of 30 percent for non-obstructive coronary atherosclerosis associated with hypertension is remanded. 8. Entitlement to a rating in excess of 10 percent for hypertension is remanded. 9. Entitlement to a rating in excess of 10 percent for pseudofolliculitis barbae is remanded. 10. Entitlement to a rating in excess of 10 percent for diabetes mellitus is remanded. 11. Entitlement to a rating in excess of 10 percent for headaches is remanded. 12. Entitlement to an initial rating in excess of 10 percent for anxiety is remanded. 13. Entitlement to a rating in excess of 10 percent for temporomandibular joint syndrome is remanded. 14. Entitlement to a total rating based on individual unemployability by reason of service-connected disability (TDIU) is remanded. 15. Entitlement to dependents’ educational assistance (DEA) under 38 U.S.C. Chapter 35 is remanded. The issue of entitlement to DEA under U.S.C. Chapter 35 is inextricably intertwined with the issues remanded herein. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (noting that when a determination on one issue could have a significant impact on the outcome of another issue, such issues are considered inextricably intertwined and VA is required to decide those issues together). Thus, the Board finds that the claim should be held in abeyance, pending the development and readjudication of the other claims on appeal. The matters are REMANDED for the following action: Contact the Social Security Administration and request copies of records pertaining to the Veteran’s application for disability benefits, to include a copy of any decision rendered and the records upon which such decision was based. K. Conner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Jones, Counsel