Citation Nr: 21008279 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 16-27 070 DATE: February 16, 2021 REMANDED Entitlement to a rating in excess of 10 percent for sarcoidosis 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 September 1989 to March 1992. A Board hearing was held in December 2020. A transcript is of record. In Rice v. Shinseki, 22 Vet. App. 447 (2009), the United States Court of Appeals for Veterans’ Claims held, in substance, that every claim for a higher disability rating includes a claim for TDIU where a veteran asserts that his service-connected disability prevents him from working. In this case, a claim for TDIU was raised during the December 2020 Board hearing. Accordingly, the Board has characterized the issues on appeal to include a claim of entitlement to TDIU. 1. Increased Rating for Sarcoidosis During his December 2020 testimony, the Veteran identified relevant outstanding private treatment records. See December 2020 Hearing Transcript, at 2-3. The Veteran also asserted his sarcoidosis has increased in severity since the Veteran was last examined by VA. A remand is required to allow VA to obtain authorization and request his private treatment records and provide an opportunity to report for a VA examination to ascertain the current severity and manifestations of sarcoidosis. 2. TDIU A decision on the remanded issue of an increased rating for sarcoidosis could significantly impact a decision on entitlement to TDIU, the issues are inextricably intertwined, and a remand of the claim is required. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for McLeod Regional Medical Center and the Medical University of South Carolina. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. 2. After the development in 1 is complete, schedule the Veteran for an examination by an appropriate examiner to determine the current severity of his service-connected sarcoidosis. The examiner must conduct all diagnostic testing necessary to fully assess the Veteran’s disability, including, but not limited to, pulmonary testing, an eye examination, a neurological examination, a musculoskeletal examination, a skin examination, and an abdominal examination. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. 3. Then readjudicate the claim. If any benefit sought is not granted, the Veteran and his representative should be furnished an SSOC and given the requisite opportunity to respond before the case is returned to the Board. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Mine 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.