Citation Nr: 20007399 Decision Date: 01/30/20 Archive Date: 01/29/20 DOCKET NO. 14-37 767 DATE: January 30, 2020 REMANDED The issue of whether new and material evidence has been received to reopen the claim of service connection for obstructive sleep apnea is remanded. The issue of whether new and material evidence has been received to reopen the claim of service connection for right ear hearing loss is remanded. The issue of entitlement to service connection for left ear hearing loss is remanded. The issue of entitlement to service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD), a depressive disorder, obsessive compulsive disorder, and alcohol abuse, is remanded. The issue of entitlement to service connection for a cervical spine disability, to include torticollis, is remanded. The issue of entitlement to service connection for a right shoulder disability is remanded. The issue of entitlement to service connection for nasal fracture residuals is remanded. The issue of entitlement to service connection for a left hand disability is remanded. The issue of entitlement to service connection for a right knee disability is remanded. The issue of entitlement to service connection for a left knee disability is remanded. The issue of entitlement to service connection for diabetes mellitus is remanded. The issue of entitlement to service connection for hypertension is remanded. The issue of entitlement to service connection for a headache disability is remanded. The issue of entitlement to service connection for a sinus disability, to include sinusitis, remanded. The issue of entitlement to service connection for tinnitus is remanded. The issue of entitlement to service connection for erectile dysfunction is remanded. The issue of entitlement to an initial compensable rating for herpes simplex is remanded. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from August 1995 to July 1999. He died in May 2015. The Veteran’s surviving spouse has been substituted as the Appellant in this appeal. 1. The issues of whether new and material evidence has been received to reopen the issues of service connection for obstructive sleep apnea and right ear hearing loss and entitlement to service connection for left ear hearing loss, a psychiatric disability to include PTSD, a depressive disorder, obsessive compulsive disorder, and alcohol abuse, a cervical spine disability to include torticollis, a right shoulder disability, nasal fracture residual, a left hand disability, a right knee disability, a left knee disability, diabetes mellitus, hypertension, a headache disability, a sinus disability to include sinusitis, tinnitus, and erectile dysfunction are remanded. A November 2014 Social Security Administration (SSA) request for Department of Veterans Affairs (VA) records indicates that the Veteran had submitted a claim for SSA disability benefits. Documentation of the Veteran’s SSA award of disability benefits, if any, and the evidence considered by the SSA in granting or denying the Veteran’s claim is not of record. VA’s duty to assist the Appellant includes an obligation to obtain the records from the SSA. Masors v. Derwinski, 2 Vet. App. 181, 187 188 (1992). um Clinical documentation dated between January 2015 and the Veteran’s death in May 2015 is not of record. VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Appellant’s claims. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). 2. The issue of entitlement to an initial compensable rating for herpes simplex is remanded. The Veteran submitted a timely notice of disagreement with the initial rating for the service connected herpes simplex. A statement of the case which addresses that issue has not been issued. Where an Appellant has submitted a timely notice of disagreement and a statement of the case has not been issued, the Board of Veterans’ Appeals (Board) must remand for issuance of a statement of the case. Manlincon v. West, 12 Vet. App. 238 (1999). 3. The issue of entitlement to a TDIU is remanded. Entitlement to TDIU requires an accurate assessment of the impairment associated with all of the service-connected disabilities. As the claim for TDIU is inextricably intertwined with other claims being remanded, the issue of entitlement to TDIU must also be remanded. The matters are REMANDED for the following action: 1. Ask the Appellant to complete a VA Form 21-4142 for each private healthcare provider who treated the Veteran for any sleep apnea, hearing loss, psychiatric, cervical spine, right shoulder, nasal, left hand, right knee, left knee, diabetes mellitus, hypertension, headache, sinus, tinnitus, and erectile dysfunction disabilities. Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran’s VA treatment records dated between January 2015 and May 2015. 3. Contact the SSA and request that documentation of the Veteran’s award of disability benefits or the denial of his claim and copies of all records developed in association with the decision. (Continued on the next page)   4. Issue a statement of the case to the Appellant which addresses the issue of the initial rating for herpes simplex. Notify the Appellant of her appeal rights and that she must submit a timely substantive appeal if she wants appellate review of that claim. If a timely substantive appeal is received, return that claim to the Board. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Sangster, Counsel 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.