Citation Nr: A21020440 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 200720-99958 DATE: December 22, 2021 REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a rating in excess of 50 percent for right gluteal area gunshot wound residuals with iliac and pubic fracture residuals, Muscle Groups XVI and XVII injury, and pyriformis syndrome is remanded. Entitlement to a compensable rating for right groin gunshot entrance wound, right gluteal gunshot exit wound, and laparotomy scars is remanded. Entitlement to a rating in excess of 10 percent for Type II diabetes mellitus is remanded. Entitlement to a rating in excess of 10 percent for right hip osteoarthritis is remanded. Entitlement to a compensable rating for right thigh limitation of flexion is remanded. Entitlement to a compensable rating for right thigh limitation of extension is remanded. Entitlement to an effective date prior to June 5, 2019, for a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) is remanded. Entitlement to an effective date prior to June 5, 2019, for basic eligibility to Department of Veterans Affairs (VA) Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35. REASONS FOR REMAND The Veteran had active service from June 1965 to April 1969. He served in the Republic of Vietnam and was awarded the Purple Heart Medal. In July 2019, the Agency of Original Jurisdiction denied increased ratings for PTSD; right gluteal area gunshot wound residuals with iliac and pubic fracture residuals, Muscle Groups XVI and XVII injury, and pyriformis syndrome; right groin gunshot entrance wound, right gluteal gunshot exit wound, and laparotomy scars; Type II diabetes mellitus; right hip osteoarthritis; right thigh limitation of flexion; and right thigh limitation of extension; granted both a TDIU and basic eligibility to VA Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35; and effectuated the awards as of June 5, 2019. In July 2020, the Veteran submitted a Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, and elected the Evidence Submission docket. Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the July 2020 Agency of Original Jurisdiction decision and which was received with or within 90 days of the July 2020 VA Form 10182. 38 C.F.R. § 20.303. The July 2020 VA Form 10182 additionally requested review of "earlier effective dates" for "PTSD, GSW, scars post op GSW, Type II diabetes mellitus, right hip osteoarthritis, right thigh limitation of flexion, and right thigh limitation of extension." The Board observes that the July 2020 rating decision denied increased ratings for the disabilities. Therefore, no effective dates were assigned, and such cannot be the subject of the Board's appellate review. 1. Entitlement to a rating in excess of 50 percent for PTSD; a rating in excess of 50 percent for right gluteal area gunshot wound residuals with iliac and pubic fracture residuals, Muscle Groups XVI and XVII injury, and pyriformis syndrome; a compensable rating for right groin gunshot entrance wound, right gluteal gunshot exit wound, and laparotomy scars; a rating in excess of 10 percent for Type II diabetes mellitus; a rating in excess of 10 percent for right hip osteoarthritis; a compensable rating for right thigh limitation of flexion; and a compensable rating for right thigh limitation of extension is remanded. VA's duty to assist the Veteran includes an obligation to obtain the records from the Social Security Administration (SSA). Masors v. Derwinski, 2 Vet. App. 181, 187 188 (1992). A June 2019 SSA Inquiry Results report states that the Veteran was in receipt of SSA disability benefits. Documentation of the evidence considered by the SSA in granting the Veteran's claim is not of record. That is a pre-decisional error. 2. Entitlement to effective dates prior to June 5, 2019, for a TDIU and basic eligibility to VA Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 is remanded. The issues of entitlement to effective dates prior to June 5, 2019, for both a TDIU and basic eligibility to VA Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 are inextricably intertwined with the issues being remanded and must also be remanded. (Continued on the next page) The matters are REMANDED for the following action: Contact the SSA and request copies of all records developed in association with the Veteran's award of disability benefits. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Douglas 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.