Citation Nr: 21002885 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 16-63 322 DATE: January 19, 2021 REMANDED Entitlement to a rating in excess of 20 percent for right shoulder acromioclavicular (AC) joint separation with degenerative joint disease is remanded. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for a bilateral shin/ankle disorder is remanded. Entitlement to service connection for plantar fasciitis, left foot, 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 December 1987 to December 1991 and from May 2008 to June 2009. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a September 2020 Board hearing. The undersigned granted the attorney-representative’s request for a 60 day period following the hearing to submit additional evidence in support of the claims. Additional evidence was received, and the 60 day period has passed. 1. Entitlement to a rating in excess of 20 percent for a right shoulder AC joint separation with degenerative joint disease is remanded. 2. Entitlement to service connection for PTSD is remanded. 3. Entitlement to service connection for a bilateral shin/ankle is remanded. 4. Entitlement to service connection for plantar fasciitis, left foot, is remanded. New VA medical records were associated with the file after the November 2016 Statement of the Case (SOC). Additionally, a VA examination for the right shoulder was conducted in December 2020. As these records were added by the VA and not the Veteran, waiver is required before the Board may consider the evidence. There is no waiver on file for this evidence. Remand is necessary to allow the Agency of Original Jurisdiction (AOJ) to consider the evidence and readjudicate the claim. As to the claims 3 and 4, it was discussed at the hearing that the Veteran has not been afforded VA examination for these yet. He testified that he current bilateral shin/ankle problems and the post service record reflects left foot plantar fasciitis but does not actually document shin splints. His DD 214 for second period of service reflects he served in Kuwait and Iraq in an area designated an imminent danger pay area. Records for his first period of service reflect he had overseas service in Kuwait. Medically, he had cellulitis of the left ankle in May 1989. He had a temporary profile in service in March 2007 for bilateral leg/ankle pain. Another Physical Profile in September 2007 shows bilateral shin and ankle pain and he requested a permanent profile. A permanent Physical Profile for chronic shin splints is dated in March 2008. A Pre-Deployment examination in May 2008 shows he was deployable with no problems noted other than the permanent profile for chronic shin splints. Complete service treatment records for his period of active service from May 2008 to June 2009 do not appear to be available, according to the SOC.   The Board will order an examination under the unique facts of the case as to service connection for these two issues. 5. TDIU is remanded. At the hearing, the Veteran’s attorney-representative requested that a claim for TDIU be considered in conjunction with the appeal. The undersigned accepted testimony as to the issue at the hearing. We note that where a claimant, or the record, raises the question of unemployability due to the disability for which an increased rating is sought, then part of the increased rating claim is an implied claim for TDIU. Rice v. Shinseki, 22 Vet. App. 447 (2009). Since the hearing, the Veteran has submitted a VA Form 21-8940, application for TDIU. In that form, the Veteran reported that he is disabled and prevented from securing or following any substantial gainful occupation due to his right shoulder, PTSD and his feet. Development of a TDIU claim is currently ongoing at the AOJ. The TDIU claim is inextricably intertwined with the right shoulder claim on appeal, and therefore must be remanded. The matters are REMANDED for the following action: 1. Obtain a VA examination with medical opinion addressing whether the Veteran has current bilateral shin/ankle disorder and or left foot plantar fasciitis that is at least as likely as not related to service. In addition, if a shin/ankle disorder is found to be at least as likely as not related to service and the left foot plantar fasciitis is not, is there any relationship between the left foot plantar fasciitis and any bilateral shin/ankle disorder? The examiner should address whether there was causation or aggravation due to shin/ankle disorder. 2. After the above development, and any additionally indicated development, readjudicate the issues on appeal to include the inextricably intertwined issue of entitlement to a TDIU, with a review of all of the evidence to include that added since the SOC. If any benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his attorney-representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. RIPPEL 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.