Citation Nr: 21003179
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 15-01 112
DATE: January 19, 2021

REMANDED

1. The claim of entitlement to service connection for a left shoulder disorder is remanded.   

2. The claim of entitlement to an increased evaluation for residuals cervical spine strain, rated as 10 percent disabling until May 14, 2015, and as 20 percent disabling since then, is remanded.

3. The claim of entitlement to an increased evaluation for residuals, right knee torn meniscus, s/p arthroscopic surgery, rated as 10 percent disabling until May 14, 2015, and as 20 percent disabling since then, is remanded.

4. The claim of entitlement to an evaluation higher than 10 percent for right knee strain with internal derangement is remanded.

5. The claim of entitlement to a compensable evaluation for limited extension in the right knee is remanded.

6. The claim of entitlement to a temporary total disability evaluation due to surgery for a left shoulder disorder is remanded. 

7. The claim of entitlement to an effective date earlier than November 17, 2014 for the award of a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1997 to April 2001 and from November 2001 to October 2002.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of several 2012 rating decisions by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).  

In November 2017, the Veteran testified in a hearing before the Board.  A transcript of the hearing has been included in the claims file and has been reviewed.  In April 2018, the Board remanded this matter for additional development.  The case is again before the Board for appellate review.  

Another remand is necessary for additional development.  

The record indicates that, in September 2011, the Social Security Administration (SSA) denied the Veteran’s initial application for disability benefits.  Subsequently, in September 2011, SSA provided information relevant to that application to VA.  

The SSA later awarded disability benefits in August 2015.  Evidence pertaining to that award has not been included in the claims file.  In August 2020, the RO requested the evidence but SSA has not responded yet.  Inasmuch as the RO is awaiting receipt of the evidence from SSA, the case must be remanded.  This evidence may prove important here because the claims on appeal predate the August 2015 grant of benefits.  See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010). 

A remand of the claim of entitlement to an earlier effective date for the award of a TDIU is also necessary because it is intertwined with several increased rating claims pending before the RO.  See Smith v. Gober, 236 F.3d 1370, 1372 (Fed. Cir. 2001).  

The matters are REMANDED for the following action:

1. Request from SSA information pertaining to the application for disability benefits to include a copy of any decision determining benefits and copies of any medical records upon which SSA based any decision.  All records/responses received must be associated with the electronic claims file.  38 C.F.R. § 3.159.  

2. Once the pending claims have been finally decided, readjudicate the TDIU claim.  Then, if warranted, return the issue to the Board.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christopher McEntee, 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.