Citation Nr: 20007223 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 20-01 291 DATE: January 28, 2020 REMANDED Entitlement to an initial rating in excess of 10 percent for atherosclerotic cardiovascular disease prior to March 31, 2017, and in excess of 60 percent from that date, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to March 13, 2017 is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1968 to September 1970. Although the December 2019 Statement of the Case (SOC) addressed the issue of entitlement to an earlier effective date for the assignment of the 60 percent rating, the claim actually involves the propriety of the disability rating assigned during the entire appeal period. See Fenderson v. West, 12 Vet. App. 119 (1999). Thus, the Board recharacterized this issue as set forth on the title page of this decision. The Veteran also disagreed with effective date assigned for the grant of service connection, however the issue was addressed in a December 2018 SOC and the Veteran did not perfect an appeal of the issue. A September 2019 rating decision granted entitlement to TDIU, effective March 13, 2017. The issue of entitlement to TDIU prior to March 13, 2017 has been raised by the record as part of the claim for an increased initial rating. Rice v. Shinseki, 22 Vet. App. 447 (2009). Entitlement to an initial rating in excess of 10 percent for atherosclerotic cardiovascular disease prior to March 31, 2017, and in excess of 60 percent from that date, is remanded Entitlement TDIU prior to March 13, 2017 is remanded. In a statement received in January 2019, the Veteran asserted that his heart-related symptoms have increased in severity since he was last examined by VA in March 2017. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his atherosclerotic cardiovascular disease. The TDIU claim is inextricably intertwined with the claim being remand. In his January 2019 application for TDIU, the Veteran identified relevant outstanding private treatment records from Belmont County Outpatient Clinic in Clairsville, Ohio. Those records should be obtained on remand. The matters are REMANDED for the following action: 1. Obtain the names and addresses of all medical care providers who treated the Veteran for any heart complaints since August 2015. Specifically, ask the Veteran to complete a VA Form 21-4142 for Belmont County Outpatient Clinic in Clairsville, Ohio. After securing the necessary release, take all appropriate action to obtain these records, including any updated VA treatment since November 2019. 2. After the completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected for atherosclerotic cardiovascular disease. Copies of all pertinent records must be made available to the examiner for review. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner should also identify all limitations or functional impairment caused by the Veteran’s heart disability. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Eric Struening The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.