Citation Nr: 21004211 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 00-18 708A DATE: January 26, 2021 REMANDED Entitlement to service connection for a right hand disability, including secondary to service-connected right shoulder disability, is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus, including secondary to service-connected complex partial seizures due to head trauma, is remanded. Entitlement to service connection for erectile dysfunction, including secondary to service-connected complex partial seizures due to head trauma, is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a prostate disability is remanded. Entitlement to an initial evaluation in excess of 20 percent, prior to March 2, 2009, for complex partial seizures due to head trauma is remanded. Entitlement to an evaluation in excess of 60 percent, from March 2, 2009 to June 21, 2011, for complex partial seizures due to head trauma is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities, prior to June 21, 2011; and since June 21, 2011, for disabilities other than the Veteran's service-connected complex partial seizures due to head trauma, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from September 1980 to September 1985. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). The case was most recently before the Board in March 2017, when it was remanded for additional evidentiary development. 1. Entitlement to service connection for a right hand disability, including secondary to service-connected right shoulder disability, is remanded. 2. Entitlement to service connection for bilateral hearing loss is remanded. 3. Entitlement to service connection for tinnitus, including secondary to service-connected complex partial seizures due to head trauma, is remanded. 4. Entitlement to service connection for erectile dysfunction, including secondary to service-connected complex partial seizures due to head trauma, is remanded. 5. Entitlement to service connection for a cervical spine disability is remanded. 6. Entitlement to service connection for a prostate disability is remanded. 7. Entitlement to an initial evaluation in excess of 20 percent, prior to March 2, 2009, for complex partial seizures due to head trauma is remanded. 8. Entitlement to an evaluation in excess of 60 percent, from March 2, 2009 to June 21, 2011, for complex partial seizures due to head trauma is remanded. 9. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities, prior to June 21, 2011; and since June 21, 2011, for disabilities other than the Veteran's service-connected complex partial seizures due to head trauma, is remanded. Unfortunately, there has not been substantial compliance with the Board’s previous remand directives. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board’s March 2017 remand directed the RO to obtain the Veteran’s updated VA treatment records and associate these records with his claims file. Although additional VA treatment records are noted in the RO’s September 2020 Supplemental Statement of the Case, these treatment records have not been associated with the Veteran’s electronic claims file. The matters are REMANDED for the following action: Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records, which must include all VA treatment records referenced in the September 2020 Supplemental Statement of the Case, including his treatment records from the San Juan VA Medical Center, Guayama Community Based Outpatient Center, and Arecibo Outpatient Center from December 8, 1998 to August 23, 2019; and from the Atlanta VA Medical Center from September 30, 2016 to August 26, 2020. (Continued on next page) If any requested records are unavailable, the Veteran should be notified of such. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W. Yates, 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.