Citation Nr: 21072873 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 13-25 530A DATE: December 6, 2021 REMANDED 1. Entitlement to a rating in excess of 40 percent prior to July 12, 2010 for residuals of a traumatic brain injury (TBI) is remanded. 2. Entitlement to a rating in excess of 40 percent from September 1, 2010 for residuals of a TBI is remanded. 3. Entitlement to a rating in excess of 10 percent for degenerative disc disease of the cervical spine (cervical spine disability) is remanded. 4. Entitlement to a rating in excess of 10 percent for degenerative changes of the thoracolumbar spine (thoracolumbar spine disability) is remanded. 5. Entitlement to a rating in excess of 20 percent for degenerative joint disease of the right shoulder (right shoulder disability) is remanded. 6. Entitlement to a rating in excess of 10 percent for right knee chondromalacia patella with osteoarthritis (right knee disability) is remanded. 7. Entitlement to a rating in excess of 10 percent for left carpal tunnel syndrome is remanded. 8. Entitlement to a rating in excess of 10 percent for right carpal tunnel syndrome is remanded. 9. Entitlement to a compensable rating for left thumb sprain is remanded. 10. Entitlement to service connection for right thumb disability is remanded. 11. Entitlement to service connection for left hip disability is remanded. 12. Entitlement to service connection for right hip disability is remanded. 13. Entitlement to service connection for an eye disability, status post-PRK, to include hyperopia and astigmatism and to include as secondary to TBI, is remanded. 14. Entitlement to service connection for left ulnar nerve paresthesias, to include as secondary to the cervical spine disability, is remanded. 15. Entitlement to service connection for right ulnar nerve paresthesias, to include as secondary to the cervical spine disability, is remanded. 16. Entitlement to service connection for a left ankle disability, to include as secondary to peripheral vestibular disorder, is remanded. 17. Entitlement to service connection for a right ankle disability, to include as secondary to peripheral vestibular disorder, is remanded. 18. Entitlement to service connection for a disability manifested by nausea is remanded. 19. Entitlement to service connection for left wrist disability, to include as secondary to peripheral vestibular disorder, is remanded. 20. Entitlement to service connection for right wrist disability, to include as secondary to peripheral vestibular disorder, is remanded. 21. Entitlement to service connection for paresthesias of the left lower extremity, to include as secondary to a thoracolumbar spine disability, is remanded. 22. Entitlement to service connection for paresthesias of the right lower extremity, to include as secondary to a thoracolumbar spine disability, is remanded. 23. Entitlement to service connection for fatigue, to include as secondary to residuals of a TBI, is remanded. 24. Entitlement to service connection for hyperlipidemia, also claimed as high cholesterol, is remanded. 25. Entitlement to service connection for alopecia and/or hair loss, also claimed as telogen effluvium, is remanded. 26. Entitlement to service connection for esophageal web, to include gastritis and to include as secondary to residuals of a TBI, is remanded. 27. Entitlement to service connection for a disability manifested by constipation is remanded. 28. Entitlement to a compensable rating for right shoulder skin laceration is remanded. 29. Entitlement to a rating in excess of 10 percent for left knee patellar spurring is remanded. 30. Entitlement to a rating in excess of 20 percent for left shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2001 to December 2009. The Veteran testified at a video conference hearing before the undersigned Veterans Law Judge in September 2018. A transcript of the hearing was prepared and associated with the claims file. The Board remanded these matters in January 2020 for additional development. 1. Entitlement to a rating in excess of 40 percent prior to July 12, 2010 for residuals of a TBI 2. Entitlement to a rating in excess of 40 percent from September 1, 2010 for residuals of a TBI 3. Entitlement to a rating in excess of 10 percent for the cervical spine disability 4. Entitlement to a rating in excess of 10 percent for the thoracolumbar spine disability 5. Entitlement to a rating in excess of 20 percent for the right shoulder disability 6. Entitlement to a rating in excess of 10 percent for the right knee disability 7. Entitlement to a rating in excess of 10 percent for left carpal tunnel syndrome 8. Entitlement to a rating in excess of 10 percent for right carpal tunnel syndrome 9. Entitlement to a compensable rating for a left thumb sprain 10. Entitlement to service connection for a right thumb disability 11. Entitlement to service connection for a left hip disability 12. Entitlement to service connection for a right hip disability 13. Entitlement to service connection for an eye disability, status post-PRKto include hyperopia and astigmatism and to include as secondary to TBI 14. Entitlement to service connection for left ulnar nerve paresthesias, to include as secondary to the cervical spine disability 15. Entitlement to service connection for right ulnar nerve paresthesias, to include as secondary to the cervical spine disability 16. Entitlement to service connection for a left ankle disability, to include as secondary to peripheral vestibular disorder 17. Entitlement to service connection for a right ankle disability, to include as secondary to peripheral vestibular disorder 18. Entitlement to service connection for a disability manifested by nausea 19. Entitlement to service connection for a left wrist disability, to include as secondary to peripheral vestibular disorder 20. Entitlement to service connection for a right wrist disability, to include as secondary to peripheral vestibular disorder 21. Entitlement to service connection for paresthesias of the left lower extremity, to include as secondary to a thoracolumbar spine disability 22. Entitlement to service connection for paresthesias of the right lower extremity, to include as secondary to a thoracolumbar spine disability 23. Entitlement to service connection for fatigue, to include as secondary to residuals of a TBI 24. Entitlement to service connection for hyperlipidemia, also claimed as high cholesterol 25. Entitlement to service connection for alopecia and/or hair loss, also claimed as telogen effluvium 26. Entitlement to service connection for esophageal web, to include gastritis and to include as secondary to residuals of a TBI 27. Entitlement to service connection for a disability manifested by constipation Regrettably, the Board finds another remand is necessary to complete additional development. Initially, since the July 2020 supplemental statement of the case (SSOC) was issued addressing the aforementioned claims, VA conducted development to obtain additional private treatment records, many of which were then associated with the claims file prior to the case being transferred to the Board. 38 C.F.R. § 19.37 (stating that evidence received by the agency of original jurisdiction prior to transfer of the records to the Board after an appeal has been initiated (including evidence received after certification has been completed) will be referred to the appropriate rating or authorization activity for review and disposition). These records are relevant to the Veteran's claims remanded herein, and the Veteran has not waived AOJ review of these records. As such, a supplemental statement of the case (SSOC) that considers these newly obtained records must be issued. Furthermore, following the January 2020 Board remand, the Veteran submitted a statement in August 2020 that listed private treatment providers from whom the Board had not previously attempted to obtain records. Specifically, the Veteran reported treatment from Dr. Ros, Dayton Eye Associates, Dr. Usrea, Kettering Medical Center, Ob/Gyn South, and Dr. Shawbitz. The Veteran has not completed a VA Form 21-4142, Authorization for Release of Information, for these private providers. As the Veteran has asserted that these records may contain information related to the issues on appeal, the Board finds an attempt must be made to obtain these records. 28. Entitlement to a compensable rating for a right shoulder skin laceration 29. Entitlement to a rating in excess of 10 percent for left knee patellar spurring 30. Entitlement to a rating in excess of 20 percent for a left shoulder disability Regarding the claims of entitlement to a compensable rating for right shoulder skin laceration, entitlement to a rating in excess of 10 percent for left knee patellar spurring, and entitlement to a rating in excess of 20 percent for left shoulder disability, the Veteran submitted a timely notice of disagreement in September 2013, but a statement of the case (SOC) has not yet been issued, despite the Board's January 2020 remand directing that an SOC be issued. Again, regarding the issue of entitlement to a compensable rating for right shoulder skin laceration, the Board notes that the Veteran, in the July 2012 notice of disagreement, did not specifically state why she believed the AOJ had incorrectly decided this issue. However, the Veteran documented that she intended to appeal all of the issues listed in the rating decision, which includes the aforementioned issue, and the June 2013 SOC did not include this issue. A remand is required for the AOJ to issue an SOC for the issues of a entitlement to a rating in excess of 20 percent for a left shoulder disability, entitlement to a rating in excess of 10 percent for a left knee disability, and entitlement to a compensable rating for a right shoulder skin laceration. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 24041 (1999). The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for the following treatment providers, where the Veteran must provide the full name and address of each physician/facility for each physician/facility in order for the request to be completed: Dr. Ros, Dayton Area Eye Associates, Dr. Usrea, Kettering Medical Center, Ob/Gyn South; and Dr. Shawbitz. Once the full names and addresses are provided by the Veteran, make two requests for the authorized records from the aforementioned providers unless it is clear after the first request that a second request would be futile. 2. After completing the aforementioned development and reviewing any newly obtained private treatment records and the private treatment records obtained by VA after the issuance of the July 2020 SSOC, complete any other additional development necessary, and issue an SSOC. 3. Separate from the SSOC, send the Veteran and her representative an SOC that addresses the issues of entitlement to a compensable rating for the right shoulder skin laceration, entitlement to a rating in excess of 10 percent for left knee patellar spurring, and entitlement to a rating in excess of 20 percent for the left shoulder disability. If the Veteran perfects an appeal by submitting a timely VA Form 9, Appeal to the Board, or substantive appeal, then the issues should be returned to the Board for further appellate consideration. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Keninger, 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.