Citation Nr: 21005760 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 08-37 876 DATE: February 2, 2021 REMANDED Entitlement to an initial rating in excess of 0 percent prior to July 20, 2006, and in excess of 10 percent from July 20, 2006 to January 12, 2012, for allergic rhinitis and sinusitis is remanded. Entitlement to a rating of total disability based on individual unemployability (TDIU) prior to January 12, 2011 is remanded. Entitlement to special monthly compensation at the statutory housebound rate prior to January 12, 2011 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1985 to August 2005. This case comes on appeal of an October 2005 rating decision. The Veteran testified before the Board in August 2011. As has been discussed in prior Board decisions, the Veterans Law Judge (VLJ) who took testimony at that hearing is no longer with the Board. The Veteran was offered the opportunity for a new hearing, but declined. The Board notes that this case has a lengthy procedural history, stemming from an initial February 2005 claim for service connection for allergic rhinitis and sinusitis. The agency of original jurisdiction (AOJ) granted entitlement to service connection in an October 2005 rating decision. The Veteran appealed that decision and, in March 2007, the AOJ granted an increased rating of 10 percent for allergic rhinitis and sinusitis, effective July 20, 2006, the date the Veteran submitted additional evidence regarding her claim. The Veteran then continued her appeal. In an August 2012 rating decision, the AOJ granted entitlement to a rating of 50 percent for allergic rhinitis and sinusitis, effective January 12, 2012. In a June 2018 decision, the Board denied entitlement to a rating in excess of 50 percent for from January 12, 2012 and remanded the issue of increased ratings prior to January 12, 2012. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court), but ultimately waived that issue while agreeing to a joint motion for remand in April 2019. Thus, the evaluation of the disability from January 12, 2012 forward is no longer on appeal. The Board’s June 2018 decision also remanded the issues of entitlement to a TDIU prior to January 11, 2011, and entitlement to special monthly compensation at the statutory housebound rate prior to January 11, 2011. As will be discussed below, those issues are inextricably intertwined with the evaluation of allergic rhinitis and sinusitis. 1. Entitlement to an initial rating in excess of 0 percent prior to July 20, 2006, and in excess of 10 percent from July 20, 2006 to January 12, 2012, for allergic rhinitis and sinusitis is remanded. 2. Entitlement to a rating of total disability based on individual unemployability (TDIU) prior to January 12, 2011 is remanded. 3. Entitlement to special monthly compensation at the statutory housebound rate prior to January 12, 2011 is remanded. VA has a duty to assist claimants in obtaining evidence to substantiate all substantially complete initial and supplemental claims. 38 C.F.R. § 3.159(c). VA will make reasonable efforts to obtain relevant records not in the custody of a Federal department or agency, to include records from State or local governments, private medical care providers, current or former employers, and other non-Federal governmental sources. Such reasonable efforts will generally consist of an initial request for the records and, if the records are not received, at least one follow-up request. 38 C.F.R. § 3.159(c)(1). Here, in November 2011, the Veteran submitted two separate VA Forms 21-4142 authorizing and requesting VA to obtain medical records from two private providers—Summit Urgent Care Clinic and Montwood Medical Clinic. With respect to Montwood Medical Clinic, VA had previously obtained records dating through 2008, however in the November 2011 request, the Veteran specifically asked VA to obtain the records from 2008 to that time. The Veteran noted on these authorization forms that she had been treated by these providers for sinusitis and associated issues. There is no evidence that any attempt was made to obtain the records from these providers, nor have they subsequently been associated with the claims file. Accordingly, this represents a duty to assist error that must be corrected. Thus, on remand, the AOJ should attempt to obtain records from these providers in accordance with all regulations and procedures. As was noted above, the issues of entitlement to a TDIU and special monthly compensation prior to January 12, 2011 are inextricably intertwined with the evaluation of the Veteran’s allergic rhinitis and sinusitis, as the rating of that disability and the severity of its symptoms may hold bearing on those issues. Accordingly, those issues must be remanded as well. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Ask the Veteran to complete updates VA Forms 21-4142 for Summit Urgent Care Clinic and Montwood Medical Clinic. Make two requests for the authorized records from these providers, unless it is clear after the first request that a second request would be futile. (Continued on Next Page) 2. Once the above development has been achieved, as well as any other development deemed necessary thereafter, readjudicate the appeal. If any benefits sought remain denied, issue a supplemental statement of the case. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Giaquinto, 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.