Citation Nr: 21063272 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 20-18 968 DATE: October 13, 2021 ORDER A rating of more than 10 percent since August 25, 2017, for tinnitus is denied. An earlier effective date of January 4, 2017, for the increased rating to 20 percent for bilateral hearing loss is granted. The Veteran's application to reopen a claim of service connection for chronic posttraumatic stress disorder (PTSD) with anxiety, depression, and insomnia, and for major depressive disorder, is granted. Service connection for recurrent major depressive disorder is granted. The Veteran's application to reopen a claim of service connection for chronic headaches is granted. Service connection for migraine headaches is granted. Service connection for obstructive sleep apnea (OSA) is granted. The Veteran's application to reopen a claim of service connection for a low back condition is granted. The Veteran's application to reopen a claim of service connection for sinusitis is denied. The Veteran's application to reopen a claim of service connection for a chronic enlarged prostate is granted. The Veteran's application to reopen a claim of service connection for chronic erectile dysfunction is granted. The Veteran's application to reopen a claim of service connection for chronic kidney disease is denied. REMANDED The issue of an effective date prior to August 30, 2013, for the grant of service connection for right hip surgical residuals with limited flexion is remanded. The issue of an effective date prior to May 22, 2017, for the grant of service connection for right hip surgical repair with limited abduction and rotation is remanded. The issue of an effective date prior to May 22, 2017, for the grant of service connection for right hip surgical repair with painful extension is remanded. The issue of an effective date prior to May 22, 2017, for the grant of service connection for a right hip surgical scar is remanded. The issue of an increased rating for right hip disability, currently rated as 10 percent from January 4, 2017, to May 21, 2017, and noncompensable since May 22, 2017, for surgical residuals with limited flexion; 10 percent since May 22, 2017, for surgical repair with painful extension; 10 percent since May 22, 2017, for surgical repair with limited abduction and rotation; and noncompensable since May 22, 2017, for surgical scar is remanded. The issue of an effective date prior to May 19, 2015, for the grant of service connection for bilateral tinnitus is remanded. The issue of an effective date prior to May 19, 2015, for the grant of service connection for right knee degenerative arthritis is remanded. The issue of an effective date prior to May 19, 2015, for the grant of service connection for left knee degenerative arthritis is remanded. The issue of a rating of more than 10 percent for right knee degenerative arthritis since January 4, 2017, is remanded. The issue of a rating of more than 10 percent for left knee degenerative arthritis since January 4, 2017, is remanded. The issue of a rating of more than 20 percent since January 4, 2017, for bilateral hearing loss is remanded. The issue of service connection for a lumbar spine disorder is remanded. The issue of whether new and material evidence has been received to reopen a claim of service connection for a heart condition, and if so, whether service connection is warranted, is remanded. The issue of whether new and material evidence has been received to reopen a claim of service connection for hypertension, and if so, whether service connection is warranted, is remanded. The issue of service connection for a left shoulder disorder is remanded. The issue of service connection for a right shoulder disorder is remanded. The issue of service connection for a urological disorder is remanded. The issue of service connection for a gastrointestinal disorder is remanded. The issue of service connection for a prostate disorder is remanded. The issue of service connection for erectile dysfunction is remanded. The issue of entitlement to TDIU is remanded. FINDINGS OF FACT 1. Since August 25, 2017, the Veteran's tinnitus symptoms did not present an exceptional disability picture such that the schedular rating for tinnitus is inadequate. 2. The March 2017 rating decision was not final. Therefore, the Veteran's claim of an increased rating for bilateral hearing loss was received on January 4, 2017. 3. In December 2015, the Veteran was notified that VA denied service connection for chronic PTSD with anxiety, depression, and insomnia, and for major depressive disorder. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit a notice of disagreement (NOD) with the decision. 4. The December 2015 rating decision is final. 5. The additional documentation submitted since the December 2015 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for an acquired psychiatric disorder. 6. Recurrent major depressive disorder was caused by the Veteran's July 2011 in service motor vehicle accident. 7. In December 2015, the Veteran was notified that VA denied service connection for chronic headaches. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit an NOD with the decision. 8. The December 2015 rating decision is final. 9. The additional documentation submitted since the December 2015 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for a headache disorder. 10. The Veteran's service-connected tinnitus and now-service-connected depression cause and aggravate his migraine headaches. 11. The Veteran's service-connected right hip and right and left knee disorders, and his now-service-connected depression, caused and aggravated OSA. 12. In December 2015, the Veteran was notified that VA denied reopening a claim of service connection for a low back condition. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit an NOD with the decision. 13. The December 2015 rating decision is final. 14. The additional documentation submitted since the December 2015 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for a lumbar spine disorder. 15. In December 2015, the Veteran was notified that VA denied reopening a claim of service connection for sinusitis. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit an NOD with the decision. 16. The December 2015 rating decision is final. 17. The additional documentation submitted since the December 2015 rating decision is not new and material and does not raise a reasonable possibility of substantiating the Veteran's claim of service connection for sinusitis. 18. In December 2015, the Veteran was notified that VA denied service connection for a chronic enlarged prostate. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit an NOD with the decision. 19. The December 2015 rating decision is final. 20. The additional documentation submitted since the December 2015 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for a prostate disorder. 21. In December 2015, the Veteran was notified that VA denied service connection for a chronic erectile dysfunction. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit an NOD with the decision. 22. The December 2015 rating decision is final. 23. The additional documentation submitted since the December 2015 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for erectile dysfunction. 24. In December 2015, the Veteran was notified that VA denied service connection for a chronic kidney disease. The Veteran was informed in writing of the adverse determination and his appellate rights and did not submit an NOD with the decision. 25. The December 2015 rating decision is final. 26. The additional documentation submitted since the December 2015 rating decision is not new or material and does not raise a reasonable possibility of substantiating the Veteran's claim of service connection for chronic kidney disease. CONCLUSIONS OF LAW 1. The criteria for a rating of more than 10 percent, since August 25, 2017, for tinnitus have not been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.321, 3.326(a), 4.7, 4.14, 4.87, Diagnostic Code 6260. 2. The criteria for an effective date of January 4, 2017, for the increased rating to 20 percent for bilateral hearing loss have been met. 38 C.F.R. § 3.400(o)(2). 3. The December 2015 rating decision denying service connection for chronic PTSD with anxiety, depression, and insomnia, and for major depressive disorder, is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 4. New and material evidence sufficient to reopen the Veteran's claim of service connection for an acquired psychiatric disorder has been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). 5. The criteria for service connection for recurrent major depressive disorder have been met. 38 U.S.C. §§ 1110, 1131, 1137, 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.326(a). 6. The December 2015 rating decision denying service connection for chronic headaches, is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 7. New and material evidence sufficient to reopen the Veteran's claim of service connection for a headache disorder has been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). 8. The criteria for service connection for migraine headaches have been met. 38 U.S.C. §§ 1110, 1131, 1137, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310, 3.326(a). 9. The criteria for service connection for OSA have been met. 38 U.S.C. §§ 1110, 1131, 1137, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310, 3.326(a). 10. The December 2015 rating decision denying reopening service connection for a low back condition is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 11. New and material evidence sufficient to reopen the Veteran's claim of service connection for a lumbar spine disorder has been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). 12. The December 2015 rating decision denying reopening service connection for sinusitis is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 13. New and material evidence sufficient to reopen the Veteran's claim of service connection for sinusitis has not been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). 14. The December 2015 rating decision denying service connection for a chronic enlarged prostate is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 15. New and material evidence sufficient to reopen the Veteran's claim of service connection for a prostate disorder has been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). 16. The December 2015 rating decision denying service connection for chronic erectile dysfunction is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 17. New and material evidence sufficient to reopen the Veteran's claim of service connection for erectile dysfunction has been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). 18. The December 2015 rating decision denying service connection for chronic kidney disease is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 19. New and material evidence sufficient to reopen the Veteran's claim of service connection for chronic kidney disease has not been presented. 38 U.S.C. §§ 5103, 5103A, 5107, 5108; 38 C.F.R. §§ 3.102, 3.156, 3.159, 3.326(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the U.S. Army from June 1983 to April 1987. He also served in the U.S. Army Reserve and the Army National Guard of Georgia. The Veteran was in a motor vehicle accident in July 2011 while in the National Guard. It was determined to have been in the line of duty and service connection has been granted for some disabilities arising from his injuries. Therefore, the date of the motor vehicle accident is considered a day of active duty. In a March 2017 rating decision, the RO denied increased ratings for a right hip disorder, left knee arthritis, right knee arthritis, and bilateral hearing loss, and denied service connection for degenerative arthritis of the spine. New evidence regarding each of those issues was associated with the file within one year of that decision and the decision, therefore, was not final. 1. Entitlement to a rating of more than 10 percent since August 25, 2017, for tinnitus. VA received the Veteran's claim for an increased rating for tinnitus on August 25, 2017. The Veteran has been in receipt of a 10 percent rating for tinnitus since May 19, 2015. This is the maximum schedular rating available. See 38 C.F.R. § 4.87, Diagnostic Code 6260. In an exceptional case where the schedular evaluations are found to be inadequate, the Under Secretary for Benefits or the Director of the Compensation and Pension Service, upon field station submission, is authorized to approve on the basis of the criteria set forth in this paragraph an extraschedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability. The governing norm in exceptional cases is a finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards. 38 C.F.R. § 3.321(b)(1). There is a three-step inquiry for determining whether a veteran is entitled to an extraschedular rating. Initially, the Board must determine whether the evidence presents such an exceptional disability picture that the available schedular ratings for the service-connected disability are inadequate. Second, if the schedular ratings do not contemplate a Veteran's level of disability and symptomatology and are found inadequate, the Board must determine whether the Veteran's disability picture exhibits other related factors such as those provided by the regulation as governing norms. Third, if the rating schedule is inadequate to rate a Veteran's disability picture and that picture has attendant thereto related factors such as marked interference with employment or frequent periods of hospitalization, then the case must be referred to the Under Secretary for Benefits or the Director of the Compensation and Pension Service to determine whether, to accord justice, the Veteran's disability picture requires the assignment of an extra-schedular rating. Thun v. Peake, 22 Vet. App. 111 (2008). At an October 2017 VA examination, the Veteran reported that his tinnitus was "annoying, distracting, and cause[d] pain in the temples." The evidence does not present such an exceptional disability picture that the schedular rating for tinnitus is inadequate. Diagnostic code 6260 compensates the Veteran for the effects of recurrent tinnitus. He has, therefore, been compensated for the symptoms he reported. Additionally, he has made no argument as to why an increased rating beyond the maximum schedular rating of 10 is warranted. Because the Veteran's symptoms are contemplated by diagnostic code 6260, referral to Under Secretary for Benefits or the Director of the Compensation and Pension Service for consideration of an extraschedular rating is not necessary. The claim for a rating of more than 10 percent for tinnitus is denied. 2. Entitlement to an effective date prior to May 22, 2017, for the grant of a 20 percent rating for bilateral hearing loss. The effective date of an increased rating is the earliest date which it is factually ascertainable based on all evidence of record that an increase in disability had occurred if a complete claim or intent to file a claim is received within 1 year from such date, otherwise, date of receipt of claim. 38 C.F.R. § 3.400(o)(2). On May 22, 2017, VA received an Intent to File a Claim. However, as was noted above, the March 2017 rating decision was not final and, therefore, the appeal period began on January 4, 2017. During the appeal period, the 20 percent rating was warranted. The RO improperly granted it to the date of the Intent to File a Claim when the prior rating decision was not final. Because the prior decision was not final, the Board finds that an effective date of January 4, 2017, for the 20 percent rating for bilateral hearing loss is warranted and the appeal is granted. New and Material Evidence Generally, absent the filing of an NOD within one year of the date of mailing of the notification of the initial review and determination of a veteran's claim and the subsequent filing of a timely substantive appeal, a rating determination is final and is not subject to revision upon the same factual basis except upon a finding of clear and unmistakable error (CUE). 38 U.S.C. §§ 5108, 7105; 38 C.F.R. §§ 20.200, 20.300, 20.1103. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156(a). The provisions of 38 C.F.R. § 3.156(a) create a low threshold, with the phrase "raises a reasonable possibility of substantiating the claim" enabling rather than precluding reopening and not constituting a third requirement that must be met before the claim is reopened. Shade v. Shinseki, 24 Vet. App. 110 (2010); Evans v. Brown, 9 Vet. App. 273, 283 (1996). See Hodge v. West, 155 F.3d 1356 (Fed. Cir. 1998). New and material evidence received prior to the expiration of the appeal period will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. 38 C.F.R. § 3.156(b). Where documents are within VA's control and could reasonably be expected to be a part of the record, such documents are, in contemplation of law, before VA and should be included in the record. Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). The Board is required to consider the question of whether new and material evidence has been received to reopen the Veteran's claim without regard to the RO's determination in order to establish the Board's jurisdiction to address the underlying claims and to adjudicate the claims on a de novo basis. Jackson v. Principi, 265 F.3d 1366, 1369 (Fed. Cir. 2001); Barnett v. Brown, 83 F.3d 1380 (Fed. Cir. 1996). When determining whether a claim should be reopened, the credibility of the newly submitted evidence is presumed. Justus v. Principi, 3 Vet. App. 510 (1992). Service Connection Service connection may be granted for current disability arising from disease or injury incurred or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection shall be granted on a secondary basis under the provisions of 38 C.F.R. § 3.310 where it is demonstrated that a service-connected disorder has caused or aggravated a nonservice connected disability. See Allen v. Brown, 7 Vet. App. 439 (1995). 3. Whether new and material evidence has been received to reopen a claim of service connection for chronic PTSD with anxiety, depression, and insomnia, and for major depressive disorder, and, if so, whether service connection is warranted. In December 2015, VA denied service connection for chronic PTSD with anxiety, depression, insomnia, and for major depressive disorder, because the disorders were not incurred in or caused by service. The Veteran was informed in writing of the adverse decision and did not submit an NOD. New and material evidence pertaining to the issue of service connection for an acquired psychiatric disorder was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The additional documentation received since the December 2015 rating decision includes a VA examination report and medical opinion, as well as a disability benefits questionnaire (DBQ) and medical opinion completed by a private psychologist. The record now contains an opinion stating that major depressive disorder was caused by the July 2011 in-service motor vehicle accident Here, without examination of any other evidence of record and presuming its credibility, the newly-submitted evidence is of such significance that, when considered for the limited purpose of reopening the Veteran's claim, it raises a reasonable possibility of substantiating his claim for service connection when considered with the previous evidence of record. As new and material evidence has been received, the Veteran's claim is reopened. VA treatment records indicate that the Veteran reported flashbacks from the July 2011 motor vehicle accident. He reported distress from the way his family and fellow servicemembers treated him following the accident. The records indicated that the Veteran's anxiety and depression were caused by the motor vehicle accident. In November 2015, the Veteran was afforded a VA examination. He was diagnosed with recurrent major depressive disorder. The examiner stated that PTSD was less likely than not caused by service because the Veteran did not have PTSD. She also stated, however, that the Veteran's depressive symptoms had been ongoing for many years and were worsened by his physical limitations and pain. In February 2020, the Veteran was afforded another VA examination. He was diagnosed with recurrent major depressive disorder, cannabis use disorder, and cocaine use disorder in early remission. The examiner noted that the Veteran had pain since his motor vehicle accident, but that non-service-connected disorders also contributed to his symptoms. The examiner stated that he could not provide an opinion as to whether the psychiatric disorders were caused by service or by a service-connected disorder. Therefore, this opinion is of limited probative value. In April 2020, the Veteran submitted a DBQ and medical opinion completed by a private psychologist. The Veteran was diagnosed with recurrent major depressive disorder with psychotic features. The clinician stated that the Veteran's disorder began in service, including as a result of the July 2011 motor vehicle accident, and was worsened by the on-going pain and symptoms from his service-connected disorders. VA treatment records and the April 2020 private medical opinion indicate that the Veteran's major depressive disorder began as a result of his July 2011 motor vehicle accident, and the November 2015 VA and April 2020 private medical opinions also indicated that pain due to service-connected disorders worsened the depression. Therefore, the Board finds that service connection for recurrent major depressive disorder is warranted and the appeal is granted. 4. Whether new and material evidence has been received to reopen a claim of service connection for chronic headaches and, if so, whether service connection is warranted. In December 2015, VA denied service connection for chronic headaches because the disorder was not incurred in or caused by service. The Veteran was informed in writing of the adverse decision and did not submit an NOD. New and material evidence pertaining to the issue of service connection for a headache disorder was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The additional documentation received since the December 2015 rating decision includes a DBQ and medical opinion completed by a private physician which states that the Veteran's tinnitus and depression cause and aggravate his headaches. Here, without examination of any other evidence of record, the newly-submitted evidence is of such significance that, when considered for the limited purpose of reopening the Veteran's claim, it raises a reasonable possibility of substantiating his claim for service connection when considered with the previous evidence of record. As new and material evidence has been received, the Veteran's claim is reopened. In November 2015, the Veteran was afforded a VA examination. He was diagnosed with chronic headaches. The examiner stated that the headaches were not caused by service because there was no diagnosis of a headache disorder in service. However, an in service diagnosis is not required for a grant of service connection, see 38 C.F.R. § 3.303(d), and, therefore, the opinion is inadequate. A November 2019 VA treatment record states that the Veteran's headaches began after his July 2011 motor vehicle accident. In April 2020, the Veteran submitted a DBQ and medical opinion completed by a private physician. The Veteran was diagnosed with migraine headaches. The examiner stated that depression and tinnitus cause and aggravate the Veteran's headaches. He wrote that both tinnitus and psychiatric disorders are known to cause headaches and that, in the Veteran's case, when symptoms of tinnitus and/or psychiatric symptoms are worse, migraines may develop or may be worsened. The physician concluded that the Veteran's service-connected tinnitus and now service connected depression caused and worsened his migraine headaches. The only adequate opinion of record states that service-connected disorders cause and worsen the Veteran's migraine headaches. Therefore, service connection is warranted and the appeal is granted. 5. Entitlement to service connection for OSA. VA treatment records indicate complaints of sleep impairment. A December 2015 private sleep study report states a diagnosis of OSA. In April 2020, the Veteran submitted a DBQ completed by a private physician. The physician stated that the Veteran was diagnosed with OSA in 2015. He stated that pain from the Veteran's service-connected hip and knee disabilities, depression, and the medications used to treat the disorders caused and permanently aggravated his OSA. The physician stated that pain caused the Veteran to wake multiple times each night when he would remove his CPAP machine. He also stated that the CPAP machine would sometimes cause him to feel anxious and he would have to remove it. This led to him not wearing the CPAP and, therefore, not properly treating the OSA which worsened it. The physician also stated that the Veteran treated his pain with opiate medications which increased respiratory pauses, irregular breathing, and shallow breathing associated with the OSA; and that he treated his depression with serotonin reuptake inhibitor medications which are known to cause or worsen sleep disturbances. Lastly, the physician stated that the Veteran's right hip and knee symptoms, along with his depression, prevented him from exercising, caused him to eat larger portions of food, and caused him to eat unhealthy foods, all of which have contributed to weight gain and obesity. The obesity also contributed to OSA. The physician concluded that the Veteran's service-connected right hip and right and left knee disorders, as well as the now service-connected depression, all directly caused and worsened OSA, and caused obesity which caused OSA. The Veteran has been diagnosed with OSA. The only medical opinion is the April 2020 private DBQ and opinion. That opinion states that the Veteran's OSA was caused and aggravated by service-connected disorders. Therefore, service connection is warranted and the appeal is granted. 6. Whether new and material evidence has been received to reopen a claim of service connection for a low back condition. In February 2015, VA denied service connection for a low back condition because the disorder was not incurred in or caused by service. In December 2015, the RO denied reopening the claim of service connection because no new and material evidence had been received. The Veteran was informed in writing of the adverse decisions and did not submit an NOD. New and material evidence pertaining to the issue of service connection for a low back disorder was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The RO also denied service connection in March 2017. As stated above, that decision was not final. The additional documentation received since the December 2015 rating decision includes VA examination reports; records received from the Social Security Administration (SSA); and a letter from a fellow servicemember stating that the Veteran injured his back while in the National Guard while lifting a large cooking pot, that the fellow servicemember completed paperwork for him to seek outside treatment, and that the Veteran was treated at Martin Army Community Hospital's emergency department. Emergency department records were previously of record but did not clearly indicate the name of the facility. Here, without examination of any other evidence of record, the newly-submitted evidence is of such significance that, when considered for the limited purpose of reopening the Veteran's claim, it raises a reasonable possibility of substantiating his claim for service connection when considered with the previous evidence of record. As new and material evidence has been received, the Veteran's claim is reopened. Additional development is needed and the issue of service connection is remanded below. 7. Whether new and material evidence has been received to reopen a claim of service connection for sinusitis. In February 2015, VA denied service connection for sinusitis because the disorder was not incurred in or caused by service. In December 2015, the RO denied reopening the claim of service connection because no new and material evidence had been received. The Veteran was informed in writing of the adverse decisions and did not submit an NOD. New and material evidence pertaining to the issue of service connection for sinusitis was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). No additional documentation has been received since the December 2015 rating decision regarding the issue of service connection for sinusitis. Therefore, new and material evidence has not been received and the Veteran's claim is not reopened. 8. Whether new and material evidence has been received to reopen a claim of service connection for chronic enlarged prostate. In December 2015, VA denied service connection for a chronic enlarged prostate because the disorder was not incurred in or caused by service. The Veteran was informed in writing of the adverse decision and did not submit an NOD. New and material evidence pertaining to the issue of service connection for a prostate disorder was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The additional documentation received regarding a prostate disorder since the December 2015 rating decision includes VA and private treatment records that state a diagnosis of benign prostatic hypertrophy. This is a new diagnosis that was not previously of record. Here, without examination of any other evidence of record, the newly-submitted evidence is of such significance that, when considered for the limited purpose of reopening the Veteran's claim, it raises a reasonable possibility of substantiating his claim for service connection when considered with the previous evidence of record. As new and material evidence has been received, the Veteran's claim is reopened. Additional development is needed and the issue of service connection is remanded below. 9. Whether new and material evidence has been received to reopen a claim of service connection for chronic erectile dysfunction. In December 2015, VA denied service connection for chronic erectile dysfunction because the disorder was not incurred in or caused by service. The Veteran was informed in writing of the adverse decision and did not submit an NOD. New and material evidence pertaining to the issue of service connection for erectile dysfunction was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The additional documentation received since the December 2015 rating decision includes VA treatment records which state a diagnosis of and treatment for erectile dysfunction. The record did not contain a diagnosis prior to the December 2015 rating decision. Here, without examination of any other evidence of record, the newly-submitted evidence is of such significance that, when considered for the limited purpose of reopening the Veteran's claim, it raises a reasonable possibility of substantiating his claim for service connection when considered with the previous evidence of record. As new and material evidence has been received, the Veteran's claim is reopened. Additional development is needed and the issue of service connection is remanded below. 10. Whether new and material evidence has been received to reopen a claim of service connection for chronic kidney disease. In December 2015, VA denied service connection for chronic kidney disease because the disorder was not incurred in or caused by service. The Veteran was informed in writing of the adverse decision and did not submit an NOD. New and material evidence pertaining to the issue of service connection for chronic kidney disease was not received by VA or constructively in its possession within one year of written notice to the Veteran of the December 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The additional documentation received since the December 2015 rating decision includes VA treatment records and private treatment records obtained from the SSA. The records only indicate a diagnosis of chronic kidney disease which is not new; the diagnosis was of record prior to the December 2015 rating decision. As new and material evidence has not been received, the Veteran's claim is not reopened. REASONS FOR REMAND 1. The issue of an effective date prior to August 30, 2013, for the grant of service connection for right hip surgical residuals with limited flexion is remanded. In his June 2018 NOD, the Veteran indicated he was appealing the effective date of right hip surgical residuals with limited flexion. The March 2017 and January 2018 rating decisions did not grant an increased rating for this disability. Therefore, the appeal of the effective date must be an appeal of the effective date of the grant of service connection. A statement of the case (SOC) has not been issued as to this issue and, therefore, remand is necessary. Manlincon v. West, 12 Vet. App. 238, 240-241 (1999). 2. The issue of an effective date prior to May 22, 2017, for the grant of service connection for right hip surgical repair with limited abduction and rotation is remanded. 3. The issue of an effective date prior to May 22, 2017, for the grant of service connection for right hip surgical repair with painful extension is remanded. 4. The issue of an effective date prior to May 22, 2017, for the grant of service connection for a right hip surgical scar is remanded. 5. The issue of an increased rating for right hip disability, currently rated as 10 percent from January 4, 2017, to May 21, 2017, and noncompensable since May 22, 2017, for surgical residuals with limited flexion; 10 percent since May 22, 2017, for surgical repair with painful extension; 10 percent since May 22, 2017, for surgical repair with limited abduction and rotation; and noncompensable since May 22, 2017, for surgical scar is remanded. The issues of earlier effective dates for the grants of separate service connection for right hip limited abduction and rotation, painful extension, and scar, and increased ratings for all hip disabilities are inextricably intertwined with the issue of an earlier effective date for the grant of service connection for right hip surgical residuals with limited flexion and, therefore, remand of these issues is also necessary. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (noting that two issues are "inextricably intertwined" when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered). 6. The issue of an effective date prior to May 19, 2015, for the grant of service connection for bilateral tinnitus is remanded. 7. The issue of an effective date prior to May 19, 2015, for the grant of service connection for right knee degenerative arthritis is remanded. 8. The issue of an effective date prior to May 19, 2015, for the grant of service connection for left knee degenerative arthritis is remanded. On the June 2018 NOD, the Veteran indicated that he was appealing the effective dates of tinnitus, left knee arthritis, and right knee arthritis. The March 2017 and January 2018 rating decisions did not grant increased ratings for these disabilities. Therefore, the appeal of the effective dates must be appeals of the effective date of the grants of service connection. SOCs have not been issued as to these issues and, therefore, remand is necessary. Manlincon, 12 Vet. App. at 240 241. 9. The issue of a rating of more than 10 percent for right knee degenerative arthritis since January 4, 2017, is remanded. 10. The issue of a rating of more than 10 percent for left knee degenerative arthritis since January 4, 2017, is remanded. 11. The issue of a rating of more than 20 percent since January 4, 2017, for bilateral hearing loss is remanded. The Veteran has not been afforded VA knee and audiological examinations since October 2017. The Board finds that updated examinations are necessary and the issues must be remanded. 12. The issue of service connection for a lumbar spine disorder is remanded. The Veteran's complete dates of service have not been verified. Although there is evidence of an August 2010 back injury that the Veteran and a fellow servicemember allege happened while the Veteran was in the National Guard, the nature of his service at that time is unclear. Remand is necessary to verify the Veteran's complete dates of service. If necessary, additional emergency department records from Martin Army Community Hospital should be requested and/or a VA examination and medical opinion should be obtained after verifying the nature of the Veteran's service on the date of his injury. 13. The issue of whether new and material evidence has been received to reopen a claim of service connection for a heart condition, and if so, whether service connection is warranted, is remanded. 14. The issue of whether new and material evidence has been received to reopen a claim of service connection for hypertension, and if so, whether service connection is warranted, is remanded. The issues of service connection for a heart condition and for hypertension were denied in a February 2015 rating decision. In September 2015, Reserve service treatment records (STRs) and service personnel records (SPRs) were added to the file indicating treatment for hypertension and congestive heart failure, and that the Veteran was on a limited duty profile due to cardiac disorders. In December 2015 and in January 2018, the RO denied reopening the claims because no new and material evidence had been received. The RO did not reconsider the claims in light of the Reserve records. Additionally, a January 2013 private treatment record obtained from the SSA in July 2020 indicates that the Veteran had a myocardial infarction. Given that the Veteran's service has not been verified and it is unclear what the nature of his service was at the time of his myocardial infarction or while he was being treated for hypertension and heart disease, the Board will remand these issues for either reconsideration or readjudication depending on the results of the verification of service. 15. The issue of service connection for a left shoulder disorder is remanded. 16. The issue of service connection for a right shoulder disorder is remanded. 17. The issue of service connection for a urological disorder is remanded. 18. The issue of service connection for a gastrointestinal disorder is remanded. 19. The issue of service connection for a prostate disorder is remanded. 20. The issue of service connection for erectile dysfunction is remanded. The Veteran has not been afforded VA shoulder, urological, gastrointestinal, prostate, or male reproductive examinations. Therefore, remand is necessary to obtain examinations and medical opinions. 21. The issue of entitlement to TDIU is remanded. The issue of entitlement to TDIU has been raised by the record is intertwined with the earlier effective date and increased rating claims being remanded and, therefore, must also be remanded. The matters are REMANDED for the following action: 1. Issue an SOC to the Veteran and his accredited representative which addresses the issues of an effective date prior to August 30, 2013, for the grant of service connection for right hip surgical residuals with limited flexion; and an effective date prior to May 19, 2015, for the grants of service connection for bilateral tinnitus, right knee degenerative arthritis, and left knee degenerative arthritis. 2. Schedule the Veteran for updated VA (1) right and left knee and (2) bilateral hearing loss examinations to obtain an opinion as to the current nature of right and left knee degenerative arthritis and of bilateral hearing loss since January 4, 2017. All indicated tests and studies should be accomplished and the findings reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. 3. Contact the National Personnel Records Center (NPRC) and/or the appropriate service entity and request that it (1) verify the Veteran's complete periods of active service, active duty, active duty for training, and inactive duty for training and (2) forward all available STRs and SPRs not already of record for association with the Veteran's file. Verification of service requires a complete list of the type of service the Veteran had on each specific date of his Reserve and National Guard service. A list of retirement points or general information about the number of dates of a type of service in a large date range are not sufficient. 4. AFTER COMPLETION OF VERIFICATION OF SERVICE, schedule the Veteran for VA examinations to obtain an opinion as to the nature and etiology of left and right shoulders disorders, a urological disorder, a gastrointestinal disorder, a prostate disorder, and erectile dysfunction. All indicated tests and studies should be accomplished and the findings reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: (a.) Whether each of the following was caused by any in-service event, injury, disease, or disorder, or in any way originated during service, including as a result of the July 2011 motor vehicle accident: i. Each identified left shoulder disorder. ii. Each identified right shoulder disorder. iii. Each identified urological disorder. iv. Each identified gastrointestinal disorder. v. Each identified prostate disorder. vi. Erectile dysfunction. (b.) Whether each of the following was caused by any service-connected disorder or treatment therefor: i. Each identified left shoulder disorder. ii. Each identified right shoulder disorder. iii. Each identified urological disorder. iv. Each identified gastrointestinal disorder. v. Each identified prostate disorder. vi. Erectile dysfunction. (c.) Whether each of the following was aggravated by any service-connected disorder, or treatment therefor: i. Each identified left shoulder disorder. ii. Each identified right shoulder disorder. iii. Each identified urological disorder. iv. Each identified gastrointestinal disorder. v. Each identified prostate disorder. vi. Erectile dysfunction. Service connection is currently in effect for recurrent major depressive disorder; migraine headaches; OSA; bilateral hearing loss; tinnitus; right hip surgical repair with painful extension, limited abduction and rotation, limited flexion, and surgical scar; and degenerative arthritis of the right and left knees. 5. Conduct any other development necessary to adjudication of the issues currently on appeal, including obtaining additional treatment records from the emergency department at Martin Army Community Hospital and/or a VA examination for the lumbar spine. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Miller, Counsel The Board's decision is only binding on this case. This action is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.