Citation Nr: 21000396 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 08-37 287 DATE: January 5, 2021 REMANDED Entitlement to a disability rating in excess of 20 percent for recurrent dislocation of left shoulder is remanded. Entitlement to an initial disability rating in excess of 20 percent for the period prior to October 18, 2019 and from December 1, 2020, for right shoulder degenerative joint disease status post reverse total arthoplasty is remanded. Entitlement to an initial compensable rating for a left shoulder scar is remanded. Entitlement to an initial compensable rating for a right shoulder scar is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to April 3, 2019 is remanded. REASONS FOR REMAND The Veteran had active service from November 1978 to June 1985. This matter comes before the Board of Veterans’ Appeals (BVA or Board) from a February 2012 by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri, and December 2014 and January 2016 rating decisions by the VA RO in Lincoln, Nebraska. The Veteran provided testimony at a November 2017 Travel Board hearing before the undersigned Veterans Law Judge at the St. Louis RO. A transcript of the hearing is associated with the claims folder. The Board notes that the Veteran’s claims were previously remanded by the Board, most recently in July 2019. In an August 2020 decision, the AOJ granted a temporary total rating for the Veteran’s right shoulder disability effective from October 18, 2019 and assigned a 20 percent rating from December 1, 2020. Because higher ratings are assignable during the period prior to October 18, 2019 and from December 1, 2020 and the Veteran is presumed to seek the maximum available benefit, the issue remains on appeal. See AB v. Brown, 6 Vet. App. 35, 38 (1993). In October 2020, the RO granted entitlement to TDIU, effective April 3, 2019. The issue of entitlement to TDIU prior to April 3, 2019, remains on appeal before the Board. 1. Entitlement to a disability rating in excess of 20 percent for recurrent dislocation of left shoulder is remanded. 2. Entitlement to an initial disability rating in excess of 20 percent for the period prior to October 18, 2019 and from December 1, 2020, for right shoulder degenerative joint disease is remanded. 3. Entitlement to an initial compensable rating for a left shoulder scar is remanded. 4. Entitlement to an initial compensable rating for a right shoulder scar is remanded. The VA treatment records reflect that the Veteran’s shoulder and scar disabilities have increased in severity since the Veteran was last examined by VA. VA treatment records dated in Novemebr 2019 and December 2019 reflect the Veteran’s complaint about ineffectiveness for creams and posible referral for dematology clinic regarding his shoulder scars as well as tenderness near incision on the right shoulder. VA treatment records dated in November 2019 through 2020 refelct the Veteran’s complaints of limited motion, pain, weakness, stiffness, burning, and tingling in his shoulders. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his shoulder and scar disabilities. 5. Entitlement to a TDIU for the period prior to April 3, 2019 is remanded. Because a decision on the remanded increased rating issues could impact a decision on the TDIU claim, the issues are inextricably intertwined. A remand of the claim for entitlement to a TDIU is required. The matters are REMANDED for the following actions: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected recurrent dislocation of left shoulder and right shoulder degenerative joint disease status post reverse total arthoplasty. 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 examination should include a nerve examination to determine whether there is nerve impairment associated with either the shoulder disability.   2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left and right shoulder scars. 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. Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Williams, 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.