Citation Nr: 21076422 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 17-64 089 DATE: December 23, 2021 REMANDED Entitlement to a rating in excess of 20 percent for cervical degenerative disc disease 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 December 1971 to December 1975, and from August 1981 to July 1992. The Veteran testified before the undersigned Veterans Law Judge in August 2021. A copy of the transcript is of record. 1. Entitlement to a rating in excess of 20 percent for cervical degenerative disc disease is remanded. The Veteran was last afforded a VA examination evaluating his cervical degenerative disc disease in June 2019. Testimony associated with the claims file following the June 2019 VA examination reflects that the Veteran's cervical spine may have worsened since the last examination. For example, at the Veteran's BVA hearing he testified that in addition to neck pain, his neck also becomes swollen. See BVA Hearing Transcript (T.) at 7-8. He additionally testified that he has periods of incapacitation; he estimated a total of two months in the past year. See BVA Hearing T. at 8-9. The Board finds that he should be afforded a new examination in order to determine the current nature and severity of this service-connected disability. See Snuffer v. Gober, 10 Vet. App. 400, 403 1997). 2. Entitlement to a TDIU is remanded. A review of the evidence reflects that the issue of a TDIU has been raised by the record. In Rice v. Shinseki, 22 Vet. App. 447 (2009), the United States Court of Appeals for Veterans Claims (Court) held that a TDIU claim is part of an increased rating claim when such claim is reasonably raised by the record. In light of evidence associated with the claims file during the appeal period, the Board finds that the issue of entitlement to a TDIU is reasonably raised by the record and considered to be part of the appeal for an increased rating. The claim for entitlement to TDIU is inextricably intertwined with the remanded claim for an increased rating. Therefore, the Board will not now issue a decision on this claim. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are 'inextricably intertwined' when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated). The matters are REMANDED for the following actions: 1. Schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected cervical degenerative disc disease. The Veteran's claims file should be provided to the examiner. The examiner must obtain a detailed clinical history from the Veteran and must note all pertinent pathology found on examination in the report of the evaluation. Any testing deemed necessary should be performed. The examiner must provide a full description of all signs and symptoms necessary for evaluating Veteran's disability under the rating criteria. Also, the VA examiner should provide an opinion addressing what functional impairment the Veteran's service-connected disability has on his ability to perform occupational tasks. A rationale for any opinion offered should be provided. 2. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any of the claims remain denied, the Veteran and his attorney should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. M. Clark, 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.