Citation Nr: 20022033 Decision Date: 03/30/20 Archive Date: 03/30/20 DOCKET NO. 13-30 806 DATE: March 30, 2020 REMANDED Entitlement to a rating in excess of 30 percent prior to December 9, 2010 for Parkinson’s disease is remanded. Entitlement to an initial rating in excess of 40 percent for stooped posture associated with Parkinson’s disease is remanded. Entitlement to an initial rating in excess of 30 percent for right (major) upper extremity tremors associated with Parkinson’s disease is remanded. Entitlement to an initial rating in excess of 20 percent for right lower extremity tremors associated with Parkinson’s disease is remanded. Entitlement to an initial rating in excess of 10 percent for sleep disturbance and sexual dysfunction associated with Parkinson’s disease is remanded. Entitlement to an effective date prior to August 8, 2013 for the award of a separate disability rating for stooped posture associated with Parkinson’s disease is remanded. Entitlement to an effective date prior to December 9, 2010 for the award of a separate disability rating for right lower extremity tremors associated with Parkinson’s disease is remanded. Entitlement to an effective date prior to December 9, 2010 for the award of a separate disability rating for right (major) upper extremity tremors associated with Parkinson’s disease is remanded. Entitlement to an effective date prior to August 8, 2013 for the award of a separate disability rating for sleep disturbance and sexual dysfunction associated with Parkinson’s disease is remanded REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1967 to April 1969. These matters come before the Board of Veterans’ Appeals (Board) on appeal from November 2010 and September 2013rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. The appeal was last before the Board in September 2018, when the Veteran’s claims were denied. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). By Order dated September 2019, the Court vacated the Board’s September 2018 decision and remanded the matter to the Board for compliance with the instructions included in the August 2019 Joint Motion for Remand (JMR) by the parties. 1. Entitlement to an initial rating in excess of 30 percent prior to December 9, 2010 for Parkinson’s disease 2. Entitlement to an initial rating in excess of 40 percent for stooped posture associated with Parkinson’s disease 3. Entitlement to an initial rating in excess of 30 percent for right (major) upper extremity tremors associated with Parkinson’s disease 4. Entitlement to an initial rating in excess of 20 percent for right lower extremity tremors associated with Parkinson’s disease 5. Entitlement to an initial rating in excess of 10 percent for sleep disturbance and sexual dysfunction associated with Parkinson’s disease 6. Entitlement to an effective date prior to August 8, 2013 for the award of a separate disability rating for stooped posture associated with Parkinson’s disease 7. Entitlement to an effective date prior to December 9, 2010 for the award of a separate disability rating for right lower extremity tremors associated with Parkinson’s disease 8. Entitlement to an effective date prior to December 9, 2010 for the award of a separate disability rating for right (major) upper extremity tremors associated with Parkinson’s disease 9. Entitlement to an effective date prior to August 8, 2013 for the award of a separate disability rating for sleep disturbance and sexual dysfunction associated with Parkinson’s disease The Veteran seeks increased evaluations for Parkinson's disease and its associated manifestations both prior to and after December 9, 2010. Evidence indicates that there may be outstanding relevant medical treatment records. In March 2011 VA treatment records, a medical note suggests that there are earlier VA treatment records not yet associated with the claims file. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. Additionally, private 2013 medical correspondence suggests that there may be relevant outstanding private treatment from Dr. W.K. after January 2010. An attempt to associate those records with the claims file should be made upon remand. A February 2010 private treatment records reflect that the Veteran applied for Social Security Administration (SSA) disability benefits. However, no records from the SSA have been associated with the claim file, and no evidence of an attempt to obtain such records exists in the claim file. In light of this, the record appears to be incomplete, and such evidence may support the Veteran’s claim. Furthermore, the Board acknowledges that these records are with a Federal facility and that VA has an increased obligation in regard to obtaining records in the custody of a Federal department or agency. 38 C.F.R. § 3.159(c)(2). Additionally, a September 2013 privately completed Parkinson’s disease disability benefits questionnaire (DBQ), noted several new potential residuals of the Veteran’s Parkinson’s disease, suggesting that the Veteran’s disease has increased in severity. Accordingly, a new examination is necessary. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records, to include any prior to 2011, and associate with the claims file. 2. Ask the Veteran to complete a VA Form 21-4142 for any outstanding relevant private treatment to include from Dr. W.K. for the period after January 2010. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. 3. Contact the Social Security Administration and request all pertinent documentation pertaining to any claim for disability benefits by the Veteran including any medical records that Social Security has regarding the Veteran. These records should be associated with the claim file. All efforts to obtain the records should be associated with the claim file. 4. Schedule the Veteran for an appropriate examination to determine the current nature and severity of his service-connected Parkinson’s disease. The examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating his disabilities under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. 5. After completing the development requested above, and any other development deemed necessary, readjudicate the Veteran’s claim, to include entitlement to service connection for additional residuals of Parkinson’s disease. If any of the benefits sought are not granted in full, the agency of original jurisdiction (AOJ) should furnish the Veteran and his representative with an SSOC and afford an opportunity to respond. The claims file should then be returned to the Board for further appellate review. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Fitzgerald, Associate 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.