Citation Nr: 21066286
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 16-40 199
DATE: October 29, 2021

ORDER

Entitlement to a 10 percent evaluation based on multiple noncompensable service-connected disabilities is dismissed as moot.

REMANDED

Entitlement to an initial compensable disability rating for photophobia is remanded.

Entitlement to an initial compensable disability rating for post-traumatic headaches is remanded.

FINDING OF FACT

The Veteran is in receipt of a compensable disability evaluation for the entire period on appeal.

CONCLUSION OF LAW

The issue of entitlement to a 10 percent evaluation based upon multiple noncompensable service-connected disabilities is dismissed.  38 C.F.R. § 3.324.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty with the United States Army from June 2008 to June 2013.  He had overseas service in Afghanistan and is a recipient of the Combat Action Badge, among other decorations and awards.

In June 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the claims file.

This case was most recently before the Board in October 2019, at which time the issues on appeal were remanded for additional development.  The case has since returned to the Board for appellate consideration.

Entitlement to a 10 percent evaluation based on multiple noncompensable service-connected disabilities

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree, the rating agency is authorized to apply a 10 percent rating, but not in combination with any other rating.  38 C.F.R. § 3.324.

In this case, however, the Veteran was recently awarded service connection and assigned a 70 percent disability rating for PTSD for the entire period on appeal.  Therefore, his claim for a compensable rating based on multiple noncompensable disabilities must be dismissed as moot.

REASONS FOR REMAND

Regrettably, the remaining issues on appeal must be remanded for additional development.

1. Entitlement to an initial compensable disability rating for photophobia is remanded.

2. Entitlement to an initial compensable disability rating for post-traumatic headaches is remanded.

In accordance with the Board's October 2019 remand instructions, the VA Regional Office obtained and associated with the claims file additional VA treatment records, the most recent of which date to December 2016.  However, during an April 2021 traumatic brain injury (TBI) residuals VA examination, the Veteran reported that he had been following up with the VA Medical Center (VAMC) in Detroit for treatment, suggesting that there might be more recent VA treatment records that have yet to be associated with the claims file.  Therefore, the Board finds that remand is warranted to attempt to obtain and associate with the claims file any outstanding VA medical treatment records, including records of treatment from the Detroit VAMC from December 2016 and later.

The matters are REMANDED for the following actions:

1.  Obtain and associate with the claims file any outstanding VA medical treatment records, including records from the Detroit VAMC from December 2016 to the present.  All efforts to obtain such records should be documented in the claims file.

2. Then, readjudicate the claims on appeal.  If any benefit sought remains denied, issue a supplemental statement of the case to the Veteran, and return the case to the Board.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. T. Raftery, 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.