Citation Nr: 21008468 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 20-01 624 DATE: February 17, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to service connection for numbness and tingling of the right foot is remanded. Entitlement ot service connection for numbness and tingling of the left foot is remanded. Entitlement to service connection for headaches is remanded. Entitlement to a disability rating in excess of 10 percent for painful motion of the right knee is remanded. Entitlement to a compensable disability rating for limitation of extension of the right knee is remanded. Entitlement to a disability rating in excess of 10 percent for painful motion of the left knee is remanded. Entitlement to a compensable disability rating for limitation of extension of the left knee is remanded. Entitlement to a disability rating in excess of 10 percent for diarrhea is remanded. Entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a disability rating in excess of 20 percent prior to December 6, 2018, for cervical radiculopathy of the right upper extremity is remanded. Entitlement to a disability rating in excess of 40 percent from December 6, 2018, forward for cervical radiculopathy of the right upper extremity is remanded. Entitlement to a disability rating in excess of 20 percent for cervical radiculopathy of the left upper extremity is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) based upon service-connected disabilities is remanded. REASONS FOR REMAND The Veteran had active duty service from July 1980 to March 1984 and from February 1987 to December 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015, August 2017, and January 2019 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In Rice v. Shinseki, 22 Vet. App. 447 (2009), the Court held that a claim of entitlement to a TDIU is part and parcel of an increased-rating claim when the claim is expressly raised by the Veteran. The Board notes that the Veteran has submitted evidence indicating that he is unemployable due to his service-connected disabilities, specifically his PTSD, which is currently on appeal. As such, the issue of entitlement to a TDIU due to service-connected disabilities is considered on appeal. 1. Entitlement to service connection for sleep apnea is remanded. The record shows that the Veteran has applied for Social Security Disability benefits as of June 2020. VA must attempt to obtain relevant records from a Federal department or agency unless further attempts would be futile. These records include medical and other records from the Social Security Administration (SSA). See 38 C.F.R. § 3.159(c)(2). In Murincsak v. Derwinski, 2 Vet. App. 363, 370 (1992), the Court of Appeals for Veterans Claims (CAVC) found that VA’s duty to assist specifically includes requesting information from other Federal departments. In Baker v. West, 11 Vet. App. 163, 169 (1998), the CAVC further stated that VA is required to obtain evidence from other agencies, including decisions of the SSA. No SSA records are associated with the claims file. Therefore, the Board finds that remand is necessary to obtain any outstanding SSA records. 2. Entitlement to service connection for bilateral hearing loss is remanded. Please see the analysis in Section 1, above. 3. Entitlement to service connection for hypertension is remanded. Please see the analysis in Section 1, above. 4. Entitlement to service connection for a lumbar spine disability is remanded. Please see the analysis in Section 1, above. 5. Entitlement to service connection for numbness and tingling of the right foot is remanded. Please see the analysis in Section 1, above. 6. Entitlement ot service connection for numbness and tingling of the left foot is remanded. Please see the analysis in Section 1, above. 7. Entitlement to service connection for headaches is remanded. Please see the analysis in Section 1, above. 8. Entitlement to a disability rating in excess of 10 percent for painful motion of the right knee is remanded. Please see the analysis in Section 1, above. 9. Entitlement to a compensable disability rating for limitation of extension of the right knee is remanded. Please see the analysis in Section 1, above. 10. Entitlement to a disability rating in excess of 10 percent for painful motion of the left knee is remanded. Please see the analysis in Section 1, above. 11. Entitlement to a compensable disability rating for limitation of extension of the left knee is remanded. Please see the analysis in Section 1, above. 12. Entitlement to a disability rating in excess of 10 percent for diarrhea is remanded. Please see the analysis in Section 1, above. 13. Entitlement to a disability rating in excess of 30 percent for PTSD is remanded. Please see the analysis in Section 1, above. 14. Entitlement to a disability rating in excess of 20 percent prior to December 6, 2018, for cervical radiculopathy of the right upper extremity is remanded. Please see the analysis in Section 1, above. 15. Entitlement to a disability rating in excess of 40 percent from December 6, 2018, forward for cervical radiculopathy of the right upper extremity is remanded. Please see the analysis in Section 1, above. 16. Entitlement to a disability rating in excess of 20 percent for cervical radiculopathy of the left upper extremity is remanded. Please see the analysis in Section 1, above. 17. Entitlement to a TDIU based upon service-connected disabilities is remanded. Please see the analysis in Section 1, above. The matters are REMANDED for the following action: 1. Obtain the Veteran’s federal records from the SSA. Document all requests for information as well as all responses in the claims file. 2. After undertaking the development above and any additional development deemed necessary, the Veteran’s claims should be readjudicated. If the benefits sought on appeal remain denied, the appellant and his representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Patricia Veresink, Associate 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.