Citation Nr: 21073058 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 18-42 709 DATE: December 7, 2021 REMANDED Whether new and material evidence has been submitted to reopen the petition for service connection for headaches is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a lower back disability is remanded. Entitlement to service connection for a skin disability, to include tinea cruris, is remanded. Entitlement to service connection for a traumatic brain injury (TBI), to include residuals, is remanded. Entitlement to a rating in excess of 10 percent for a left knee disability is remanded. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service in the United States Army from July 1967 to July 1969. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a virtual Board hearing in May 2021; a transcript is of record. The Veteran raised the issue of TDIU in submitted records, such as a VA Form 21-8940 stating his service-connected PTSD, left knee, and hearing loss cause his unemployability. The issue of TDIU is part and parcel of a claim for a higher evaluation, and there is evidence his service-connected disabilities cause his inability to work. See Rice v. Shinseki, 22 Vet. App. 447, 454-55 (2009). Therefore, the issue of the Veteran's entitlement to TDIU is properly before the Board. 1. Whether new and material evidence has been submitted to reopen the petition for service connection for headaches is remanded. 2. Entitlement to service connection for hypertension is remanded. 3. Entitlement to service connection for a lower back disability is remanded. 4. Entitlement to service connection for a skin disability, to include tinea cruris, is remanded. 5. Entitlement to service connection for a TBI, to include residuals, is remanded. 6. Entitlement to a rating in excess of 10 percent for a left knee disability is remanded. 7. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. 8. Entitlement to an initial rating in excess of 50 percent for PTSD is remanded. For the above new and material, service connection, and increased rating claims, additional evidence has been received since the most recent statement of the case (SOC) in August 2018. In this regard, additional CAPRI, VA treatment records, and examinations have been added to the record. Some of this evidence was considered in an October 2021 rating decision. However, the agency of original (AOJ) did not provide the Veteran with a supplemental SOC (SSOC) as required by VA regulations. Also, the Board requested a waiver from the Veteran in a September 2021 letter. He responded on an Additional Evidence Response Form (dated October 20, 2021) and checked the box requesting that the AOJ review the newly submitted evidence in the first instance. A remand is necessary for an SSOC is required to ensure due process of law. See 38 U.S.C. § 7104. 9. Entitlement to a TDIU is remanded. Entitlement to TDIU is intertwined the with the remanded claims for increased ratings and service connection issues. Therefore, the Board finds adjudication of TDIU would be premature because it is inextricably intertwined with the above claims See Harris v. Derwinksi, 1 Vet. App. 180, 183 (1991) (noting that two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered). As such, this matter is deferred. These matters are REMANDED for the following actions: 1. Obtain any outstanding VA treatment records. All requests and responses for the records must be documented. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records. Request the Veteran to submit any relevant private treatment reports or provide VA with authorization to obtain any such records. 2. Then, issue an SSOC, considering all relevant evidence, to include since the August 2018 SOC, and afford the Veteran and his representative an opportunity to respond. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Morales, 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.