Citation Nr: 21068497 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 19-17 395 DATE: November 10, 2021 REMANDED Entitlement to an evaluation in excess of 20 percent for the period of April 28, 2016, to January 17, 2019; an evaluation in excess of 40 percent for the period of January 18, 2019, to April 30, 2019; and an evaluation in excess of 60 percent, effective May 1, 2019, for service-connected prostate cancer is remanded. Entitlement to an evaluation in excess of 50 percent prior to April 4, 2019, and an evaluation in excess of 70 percent, effective April 4, 2019, for service-connected Parkinson's disease with depression and cognitive difficulties is remanded. Entitlement to an evaluation in excess of 30 percent for service-connected stooped posture, balance impairment with bradykinesia is remanded. Entitlement to an evaluation in excess of 10 percent for service-connected dysarthria is remanded. Entitlement to an evaluation in excess of 10 percent for service-connected facial masking is remanded. Entitlement to an evaluation in excess of 10 percent for service-connected constipation is remanded. Entitlement to a compensable evaluation for service-connected dysphagia is remanded. Entitlement to a compensable evaluation for service-connected partial loss of smell is remanded. Entitlement to an evaluation in excess of 40 percent for service-connected tremor, muscle rigidity and weakness of the right upper extremity is remanded. Entitlement to an evaluation in excess of 40 percent for service-connected tremor, muscle rigidity and weakness of the right lower extremity is remanded. Entitlement to an evaluation in excess of 20 percent for service-connected tremor, muscle rigidity and weakness of the left upper extremity is remanded. Entitlement to an evaluation in excess of 10 percent for service-connected tremor, muscle rigidity and weakness of the left lower extremity is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1968 to October 1970. In an October 2021 statement, the Veteran withdrew his request for a hearing. As such, the Board will proceed to adjudicate these claims, as done below. On a May 2019 Application for Disability Compensation and Related Compensation Benefits, the Veteran indicated that he was being treated at the Philadelphia VA Medical Center (VAMC). The Board notes that the claims file only contains 2 medical records from this facility dated in April 2019 and May 2019. Moreover, the claims file contains no medical records beyond May 2019 from the Coatesville VAMC, where he had also received treatment. As such, the issues on appeal should be remanded in order to obtain all outstanding VA treatment records. Further, the Board notes that pertinent private medical records are outstanding, as well. Specifically, an April 2016 letter from Dr. D at the Parkinson's Disease and Movement Disorders Center at Penn Medicine, Pennsylvania Hospital noted that the Veteran had been treated at this facility since 2016. The claims file contains some treatment records from this facility through January 2017. However, a January 2019 medical record reflects that the Veteran has been followed at "PENN" since 2016, every 3 months or so. As such, the Board finds that these issues must be remanded in order to obtain any outstanding medical records from this facility since January 2017. Additionally, the Board notes that the Veteran has not undergone any VA examinations related to the service-connected disabilities on appeal since 2019. As such, on remand, the Veteran should be provided new VA examinations to ascertain the current severity of his service-connected prostate cancer and his service-connected Parkinson's disease and associated service-connected disabilities on appeal. Finally, in reviewing the Veteran's appeals for increased ratings, the Board has not overlooked the holding of the United States Court of Appeals for Veterans Claims (Court) in Rice v. Shinseki, 22 Vet. App. 447 (2009) (holding that claims for higher evaluations also include a claim for entitlement to TDIU when the appellant claims he is unable to work due to a service-connected disability). In this regard, Board notes that the Veteran has submitted a May 2019 Disability Benefits Questionnaire (DBQ) indicating that he has total occupational impairment. Moreover, a June 2019 Urinary Tract Conditions DBQ noted that the Veteran worked as a lawyer but was unable to function in this role due to urinary incontinence/frequency of urination. As such, the Board finds that Rice is applicable to the current appeal, and the issue of entitlement to TDIU should be construed as being on appeal. See Rice, 22 Vet. App. 447, citing Comer v. Peake, 552 F.3d 1362 (Fed. Cir. 2009). Although he currently has a combined rating of 100 percent, the appeal period extends back to 2016, and he did not have a combined total rating until September 2018. Upon remand, the Veteran should be provided with a notice letter detailing the requirements for establishing entitlement to TDIU and a VA Form 21-8940. The matters are REMANDED for the following action: 1. Provide the Veteran with appropriate notice of VA's duties to notify and to assist with regard to substantiating a claim for entitlement to TDIU. Additionally, provide him with a VA Form 21-8940 in connection with the inferred claim for entitlement to TDIU, and request that he supply the requisite information. 2. Associate the following with the claims file: (a.) All available medical records from the Philadelphia VAMC and associated outpatient clinics; and (b.) All available medical records from the Coatesville VAMC and associated outpatient clinics from May 2019 to the present. 3. Send to the Veteran a letter requesting that he provide sufficient information, and if necessary, authorization to enable the Regional Office (RO) to obtain any outstanding, pertinent private medical records, to specifically include any medical records from Penn Medicine and Pennsylvania Hospital from January 2017 to the present. Request all identified records. Associate any records received, including negative responses, with the claims file. 4. Schedule the Veteran for an appropriate VA examination to ascertain the current severity and manifestations of his service-connected prostate cancer. 5. Schedule the Veteran for an appropriate VA examination to ascertain the current severity and manifestations of his service-connected Parkinson's disease with depression and cognitive difficulties, as well as the service-connected disabilities on appeal associated with his service-connected Parkinson's disease. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Durham, 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.