Citation Nr: 18153020
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 17-48 080
DATE:	November 27, 2018
REMANDED
The claim for entitlement to an increased rating for service-connected thoracolumbar disability is remanded.
The claim for entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to October 22, 2014 is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 1984 to May 1988; May 2002 to May 2003; December 2003 to January 2005; and March 2008 to February 2011.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas (Agency of Original Jurisdiction (AOJ).
The Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ) in August 2018.
1. Entitlement to an increased rating for service-connected thoracolumbar disability
At the August 2018, the Veteran indicated that his service-connected thoracolumbar disability had worsened since he was last examined by VA (in March 2016).  He also reported radiculopathy of the left leg due to his thoracolumbar spine disability.  The Board finds that VA examination is necessary to evaluate any neurologic complications of the service-connected thoracolumbar spine disability.  See 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (1) instructing the rater to evaluate any associated objective abnormalities separately under an appropriate diagnostic code).
2. Entitlement to TDIU for the period prior to October 22, 2014
The Board observes that, at the August 2018 hearing, the Veteran raised the issue of entitlement to TDIU.  He claimed unemployability due, in part, to the service-connected thoracolumbar spine disability on appeal.  The current claim for an increased rating was filed on October 20, 2014 which is prior to the effective date of award for TDIU. As such, the TDIU issue must be deemed a part of the increased rating claim on appeal.  Rice v. Shinseki, 22 Vet. App. 447 (2009).
The Board finds that this claim is inextricably intertwined with the increased rating claim remanded by the Board.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are “inextricably intertwined” when they are so closely tied together that a final decision cannot be rendered unless both issues have been considered).  Accordingly, the TDIU claim must also be remanded.
The matters are REMANDED for the following action:
1. Obtain and associate with the claims folder any outstanding VA treatment records.
2. With the help of the Veteran and his representative as necessary, attempt to obtain outstanding relevant private medical records relating to the Veteran’s service-connected thoracolumbar disability. 
3. Contact the Veteran and his representative and request that the Veteran submit updated information regarding his employment and education history since discharge from military service. To this end, request that he submit an updated VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability.
4. Schedule the Veteran for VA examination to determine the severity of his service-connected thoracolumbar disability.  The Veteran’s electronic claims file must be made available for review. 
The examiner is specifically requested to identify all neurologic complications of service-connected thoracolumbar spine disability, including the reported radiculopathy of the lower extremities.
 
T. MAINELLI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Rasool