Citation Nr: 21061805 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 13-09 326 DATE: October 5, 2021 REMANDED Entitlement to an initial compensable rating for service-connected hepatitis B is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 1968 to October 1969. For his meritorious service, the Veteran was awarded, among other decorations, the Vietnam Service and Campaign Medals. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In October 2013, the Board remanded the Veteran's claim for an entitlement to an increased disability rating for hepatitis B so that a statement of the case (SOC) could be issued. The Veteran subsequently perfected an appeal of this issue. The Board also remanded the Veteran's claim for entitlement to a TDIU. In November 2019, the Board remanded the issues for further development. However, as explained in more detail below, the remand instructions were not complied with. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Additionally, the Board notes that in a July 2020 rating decision, the RO proposed to decrease the evaluation of the Veteran's service-connected hepatitis C, which was currently rated as 60 percent disabling, to 0 percent. In a September 2020 Report of General Information, it was reported that the Veteran did not agree with the VA decision to reduce benefits and that he wanted to have a hearing on the claim. However, the Veteran was not afforded a hearing, and in a December 2020 rating decision, the RO reduced the evaluation of hepatitis C to 0 percent effective March 1, 2021. The Veteran was subsequently notified of this decision. Thus, the Board notes that if the Veteran disagrees with this rating decision, he should file a notice of disagreement (NOD) within a year of notification of the decision to begin the appeal process. This issue is currently not on appeal before the Board and cannot be addressed in this decision. 1. Entitlement to an initial compensable rating for service-connected hepatitis B is remanded. In November 2019, the Board remanded the issue of an increased rating for hepatitis B for a new VA examination to attempt to parse out what symptoms were attributable to the Veteran's currently service-connected hepatitis C and hepatitis B. The Board noted that the diagnostic codes for hepatitis B and hepatitis C were similar, and the evidence of record did not distinguish between the symptoms attributable to either disability. Therefore, a remand was warranted for a new VA examination address the matter. In July 2020, the Veteran was afforded a VA examination for hepatitis. He was diagnosed with hepatitis B and hepatitis C. The VA examiner noted that the Veteran's condition was stable. The Veteran had recent testing in July 2019 which showed prior hepatitis A and hepatitis B exposure. There was no hepatitis C viral load detected. The Board finds the July 2020 VA examination to be unresponsive to the specific remand instructions given in the November 2019 Board remand. The VA examiner did not specify which symptoms were attributable to the Veteran's hepatitis B and hepatitis C. Thus, a remand is warranted to ensure substantial compliance with the Board's November 2019 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 2. Entitlement to TDIU due to service-connected disabilities is remanded. Finally, because a decision on the hepatitis B claim could significantly impact a decision on the TDIU issue, the issues are inextricably intertwined. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending adjudication. For the above reasons, the TDIU claim is remanded. Also, upon remand, the RO should have the Veteran's former employer, Home Depot, complete and return a VA Form 21-4192, Request for Employment Verification. The matters are REMANDED for the following action: 1. Send a Request for Employment Information (VA Form 21-4192) to the Veteran's former employer, Home Depot, as identified in the February 2014 TDIU application. 2. Obtain a VA addendum medical opinion to determine the nature and severity of the Veteran's hepatitis B. If an opinion cannot be rendered without an examination, then an examination should be scheduled and performed. A copy of this remand and claims file must be reviewed. The VA examiner must consider the following: (a.) The VA examiner should attempt to distinguish the symptomatology attributable to the Veteran's hepatitis B versus the hepatitis C. The VA examiner should consider the Veteran's prior VA examinations for hepatitis and VA treatment records. All medical opinions must be supported by a sufficient rationale. 3. After the above development has been completed, readjudicate the claims on appeal. If any benefit sought on appeal remains denied, furnish the Veteran and his representative with a supplemental statement of the case (SSOC) and afford them an appropriate time period for response. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Crawford, 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.