Citation Nr: 21064681 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 18-01 119 DATE: October 21, 2021 REMANDED Entitlement to a compensable rating from April 18, 2013 to November 14, 2016 for lupus-like autoimmune disease is remanded. Entitlement to an effective date prior to November 15, 2016 for the grant of a 100 percent rating for lupus-like autoimmune disease is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Army from August 1968 to June 1971. These issues come before the Board of Veterans' Appeals (Board) on appeal from multiple rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. The transcript is of record. The Board notes that in addition to the above mentioned claims, the Veteran has also perfected appeals pertaining to claims for entitlement to earlier effective dates and increased ratings for autoimmune disorder related skin condition, lupus type arthritis of the fingers and hand, seizures, anemia, and coronary artery disease. However, the Veteran has not been afforded a requested hearing on those issues. Accordingly, the Board will not address those issues at this time. 1. Entitlement to a compensable rating from April 18, 2013 to November 14, 2016 for lupus-like autoimmune disease is remanded. The Veteran contends that he is entitled to a compensable rating from April 18, 2013 to November 14, 2016 for his lupus-like autoimmune disease. He testified at his Board hearing that he experienced symptoms of his disability since April 2013 that have caused a severe impairment to his health. These symptoms include seizures (both minor and major), joint arthritis, dizziness, and tiredness. In addition, the Veteran's wife testified as to her observations of the Veteran during this time period. Their testimonies were found to be truthful and credible by the undersigned. The Board remanded this matter in April 2021 for additional development. Specifically, a review of the claims file revealed that the Veteran has been treated by a private medical provider for his autoimmune disability from approximately 2013 to the present date. While the claims file contains treatment records from this provider from 2016 onward, there were no records for the pertinent appeal period. It remanded these matters for VA to request and obtain these private treatment records. A review of the claims file reveals that VA sent correspondence to the Veteran in May 2021, requesting a completed and signed authorization for the release of the private treatment records. The complete authorization was submitted to VA in June 2021. VA correspondence sent on September 13, 2021 acknowledged the Veteran's authorization and stated that the private medical records had been requested. VA correspondence sent on September 29, 2021 stated that they are still awaiting a response to its request for these records. However, these records have not been associated with the claims file and the request for these records remains outstanding. A remand by the Board imposes upon the Secretary of VA a concomitant duty to ensure compliance with the terms of the remand. Where remand orders of the Board are not complied with, the Board errs in failing to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). The Board finds that there has not been substantial compliance with its remand directives as these private medical treatment records have not been obtained or associated with the claims file. As such, the Board must remand this matter to allow the RO sufficient time to obtain these records or clearly document in the claims file that these records are unavailable. 2. Entitlement to an effective date prior to November 15, 2016 for the grant of a 100 percent rating for lupus-like autoimmune disease. The Veteran contends that he is entitled to an earlier effective date for the grant of a 100 percent rating for his lupus-like autoimmune disease. The Board notes that the Veteran's earlier effective date claim is inextricable intertwined with his increased rating claim. As such, the Board finds that the Veteran's earlier effective date claim must be remanded as well. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (issues are inextricably intertwined when a decision on one issue would have a significant impact on another issue). The matters are REMANDED for the following action: (Continued on the next page) 1. Allow the RO sufficient time to obtain all treatment records from Dr. Cvetkovic from 2013 to the present date. If such records are unavailable, the Veteran's claims file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e). 2. Once the above has been completed to the extent possible, conduct any additional development as needed to adjudicate the issues on appeal. G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.T. Massey, Associate 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.