Citation Nr: 18159026 Decision Date: 12/18/18 Archive Date: 12/18/18 DOCKET NO. 16-47 813 DATE: December 18, 2018 REMANDED The issue of entitlement to higher staged initial ratings for coronary artery disease status post myocardial infarction, currently evaluated as 10 percent disabling prior to July 28, 2016, and 60 percent disabling from July 28, 2016 (exclusive of a 100 percent rating assigned from March 17, 2016 through June 30, 2016) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1963 to January 1966. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. In August 2018, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. In a September 2016 rating decision, the Agency of Original Jurisdiction (AOJ) increased the rating for the Veteran’s heart disability to 100 percent disabling from March 17, 2016, through June 30, 2016, assigned a 10 percent rating from July 1, 2016 through July 27, 2016, and 60 percent disabling from July 28, 2016. As the increase did not satisfy the appeal in full, the issue remains on appeal and has been characterized as shown above. See AB v. Brown, 6 Vet. App. 35 (1993). The Board is cognizant of the ruling of the United States Court of Appeals for Veterans Claims (Court) in Rice v. Shinseki, 22 Vet. App. 447 (2009). In Rice, the Court held that a claim for a total rating based on individual unemployability (TDIU) due to service-connected disability, either expressly raised by the Veteran or reasonably raised by the record, involves an attempt to obtain an appropriate rating for a disability and is part of the claim for an increased rating. In this case, the Veteran has not argued, and the record does not otherwise reflect, that the disability at issue rendered him unemployable prior to July 28, 2016. Accordingly, the Board concludes that a claim for TDIU, prior to July 28, 2016, has not been raised. 1. Entitlement to a Higher Initial Rating for Coronary Artery Disease The Board finds that further development is necessary before a decision on the merits may be made regarding the issue of entitlement to staged initial disability rating in excess of 10 percent prior to July 28, 2016, and in excess of 60 percent from July 28, 2016, for the Veteran’s service-connected coronary artery disease. The Veteran was last provided a VA examination relating to his heart disability in August 2016. At the August 2018 hearing, the Veteran testified that his condition has increased in severity. Specifically, the Veteran stated that he can only walk 50 feet before he needs to rest, and that he has been provided a wheelchair. See August 2018 Board hearing transcript. In light of the Veteran’s assertions, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disability may be determined. See 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159; see also Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the veteran with a thorough and contemporaneous medical examination); Weggenmann v. Brown, 5 Vet. App. 281 (1993) (VA has a duty to provide an examination when there is evidence that the disability has worsened since the previous examination). Further, during the August 2018 Board hearing the Veteran testified that he was recently provided a stress test at Memorial Hospital in Gulfport, Mississippi. On remand, the Veteran must be asked to complete authorization forms concerning any private medical treatment and/or submit copies of any relevant records. 38 U.S.C. § 5103A (c); 38 C.F.R. § 3.159 (c) (1). The matter is REMANDED for the following action: 1. Contact the Veteran and request that he complete and submit to VA a signed authorization for disclosure of medical records to VA for each private medical health care provider from whom he has received treatment for the disability at issue on appeal. The Board is specifically interested in records related to the stress test he was provided at Memorial Hospital in Gulfport, Mississippi. After receiving any completed authorization form(s), undertake all appropriate efforts to attempt to obtain the identified records. All development efforts with respect to this directive should be associated with the claims file. The Veteran is encouraged to submit directly to VA any outstanding, relevant medical records in his possession. 2. After the above development, schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected coronary artery disease. The record and a copy of this remand must be made available to and reviewed by the examiner. The examination must include all physical and diagnostic testing deemed necessary by the examiner in conjunction with this request. The examiner should report all manifestations and functional impairment related to the Veteran’s service-connected coronary artery disease. 3. After completion of the above, review the expanded record, including the evidence entered since the most recent statement of the case, and determine whether higher staged initial ratings for the Veteran’s service-connected coronary artery disease may be granted. If the benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case. The appropriate period should be allowed for response before the appeal is returned to the Board. U. R. POWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. G. LeMoine, Associate Counsel