Citation Nr: 18159887 Decision Date: 12/20/18 Archive Date: 12/20/18 DOCKET NO. 16-47 291 DATE: December 20, 2018 REMANDED Entitlement to service connection for headaches. Entitlement to service connection for high blood pressure. Entitlement to service connection for tinnitus. Entitlement to service connection for a sleep disability. Entitlement to service connection for depression. Entitlement to service connection for a left knee disability is remanded. Entitlement to a rating in excess of 10 percent for right knee arthritis is remanded. Entitlement to a rating in excess of 40 percent for lumbar spine degenerative disc disease (DDD) and invertebral disc syndrome (IVDS) is remanded. Entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy is remanded. Entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy is remanded. REASONS FOR REMAND The Veteran had active military service from January 1977 to December 1990. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been raised by the record in a May 2017 statement from the Veteran’s attorney. The Board observes that the Veteran’s TDIU claim has not been readjudicated by the AOJ since an October 2007 rating decision that denied the Veteran’s TDIU claim. In light of the claims of entitlement to service connection and increased ratings referred and remanded herein, the Board does not find it appropriate to take jurisdiction over the issue of entitlement to a TDIU under Rice v. Shinseki, 22 Vet. App. 447 (2009), and it is referred to the AOJ for appropriate action. 38 C.F.R. § 19.9(b). Service Connection – Headaches, High Blood Pressure, a Sleep Disability, Tinnitus, and Depression The Board notes that the Veteran submitted a timely Notice of Disagreement with the December 2014 rating decision that denied entitlement to service connection for headaches, high blood pressure, a sleep disability, tinnitus, and depression. However, a Statement of the Case as to those matters has not yet been issued in response to that Notice of Disagreement. Where a Notice of Disagreement has been filed with regard to an issue, and a Statement of the Case has not been issued, the appropriate Board action is to remand the issue for issuance of a statement of the case. Manlincon v. West, 12 Vet. App. 238 (1999). Service Connection – Left Knee Disability The Veteran has contended that his left knee disability is related to his active service. Service treatment records (STRs) reflect that the Veteran complained of left knee pain and was diagnosed with chondromalacia in June 1977 and July 1980. A review of post-service VA treatment records shows that the Veteran complained of left knee pain in or around December 2007. March 2015 VA X-ray findings revealed mild degenerative changes in the Veteran’s left knee. In light of the Veteran’s complaints of left knee pain during his active service and the post-service X-ray findings of mild degenerative changes; the Board finds that the Veteran should be afforded a VA examination to determine the nature and etiology of any currently present left knee disability. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). Increased Ratings – Right Knee Disability, Back Disability, and Right and Left Lower Extremity Radiculopathy The Veteran was last afforded VA examinations for his service-connected right knee and back disabilities, and right and left lower extremity radiculopathy in December 2014. In May 2017, the Veteran indicated that the severity of his disabilities had increased. Therefore, the Board finds that the Veteran should be provided new VA examinations to determine the current level of severity of all impairment resulting from the above-noted service-connected disabilities. The matters are REMANDED for the following action: 1. Issue a Statement of the Case on the issues of entitlement to service connection for headaches, high blood pressure, a sleep disability, tinnitus, and depression. Inform the Veteran of the requirements to perfect an appeal of those issues. If the Veteran perfects an appeal and any of the issues, return those issues to the Board. 2. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 3. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently present left knee disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and the review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present left knee disability is etiologically related to the Veteran’s active service. The examiner should address the complaints of left knee pain and diagnosis of chondromalacia noted in the Veteran’s STRs in June 1977 and July 1980. The rationale for all opinions expressed must be provided. 4. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected right knee disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. The examiner should provide all information required for rating purposes. 5. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected back disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. The examiner should provide all information required for rating purposes. 6. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected right and left lower extremity radiculopathy. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. The examiner should provide all information required for rating purposes. 7. Confirm that the VA examination reports and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 8. Then, readjudicate the appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Ware, Associate Counsel