Citation Nr: 20028074 Decision Date: 04/22/20 Archive Date: 04/22/20 DOCKET NO. 16-01 076 DATE: April 22, 2020 REMANDED Entitlement to an increased rating in excess of 30 percent for dysfunctional right shoulder is remanded. Entitlement to a compensable rating for right ankle sprain is remanded. Entitlement to a compensable rating for eczema/dermatitis is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1995 to March 1998 and February 2003 to March 2004. The Veteran testified before the undersigned at an October 2019 videoconference hearing. 1. Entitlement to an increased rating in excess of 30 percent for dysfunctional right shoulder is remanded. A review of the record indicates that the most recent VA examination to determine the severity of the Veteran’s right shoulder was in May 2018. The VA examination revealed normal range of motion and strength in the right shoulder. Despite pain noted on examination, it did not result in or cause functional loss. This is largely inconsistent with the Veteran’s October 2019 testimony during the Board hearing, suggesting a worsening of the right shoulder since the May 2018 VA examination. In addition, the Veteran testified as to receiving continuing VA treatment for his right shoulder, including a strength test three to four weeks prior to the hearing. The most recent VA treatment records in the file are from December 2018. As such, remand is necessary in order to afford the Veteran a new examination and to obtain outstanding VA treatment records. 2. Entitlement to a compensable rating for right ankle sprain is remanded. There is no VA examination of record assessing the severity of the Veteran’s right ankle disorder. He failed to attend an examination scheduled in October 2012. At his hearing, he testified that he has since developed arthritis of the right ankle as diagnosed in VA treatment records. An examination is necessary to determine the severity of his right ankle disorder and to obtain outstanding VA treatment records. 3. Entitlement to a compensable rating for eczema/dermatitis is remanded. Similarly, there is no VA examination of record assessing the severity of the Veteran’s skin disorder. He failed to attend an examination scheduled in October 2012. During the October 2019 Board hearing, he testified that his eczema covers his entire upper body and thighs. While the Veteran indicated that he no longer receives treatment for his skin condition, he did report taking medication. An examination and updated VA treatment records are necessary to properly adjudicate the Veteran’s claim. 4. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. As a preliminary matter, the Veteran’s TDIU claim is intertwined with the three increased rating issues being remanded. In addition, there is no VA Form 21-8940 of record. The Veteran should be issued a VA Form 21-8940 upon remand, as it is critical to future adjudication of the TDIU claim. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records, focusing on the Atlanta VAMC. 2. Contact the Veteran and request that he file a completed application for increased compensation based on unemployability (VA Form 21-8940), and upon receipt of this form, take any appropriate action deemed necessary to adjudicate his TDIU claim. 3. Afford the Veteran a VA examination to determine the current severity of his right shoulder disability. With respect to range of motion testing, this should be conducted pursuant to Correia v. McDonald, 28 Vet. App. 158 (2016). If the examiner is unable to conduct the required testing, he or she should clearly explain why that is so. 4. Afford the Veteran a VA examination to determine the current severity of his right ankle disability. (Continued on the next page)   With respect to range of motion testing, this should be conducted pursuant to Correia v. McDonald, 28 Vet. App. 158 (2016). If the examiner is unable to conduct the required testing, he or she should clearly explain why that is so. 5. Afford the Veteran a VA examination to determine the current severity of his service-connected eczema/dermatitis. L.M. YASUI Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W. R. Stephens, 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.