Citation Nr: 21013523 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 20-29 402 DATE: March 9, 2021 REMANDED Entitlement to an effective date earlier than November 17, 2017, for the grant of service connection for balance impairment related to Parkinson’s Disease is remanded. Entitlement to an effective date earlier than November 17, 2017, for the grant of service connection for bradykinesia and tremors, left upper extremity, related to Parkinson’s Disease is remanded. Entitlement to an initial evaluation in excess of 30 percent for balance impairment related to Parkinson's Disease is remanded. Entitlement to an initial evaluation in excess of 20 percent for bradykinesia and tremors, left upper extremity, related to Parkinson’s Disease is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1963 to October 1983. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran filed a timely Notice of Disagreement in September 2019. A Statement of the Case (SOC) was issued in July 2020. The Veteran filed his Substantive Appeal (VA Form 9), in August 2020. In his August 2020 VA Form 9, the Veteran requested a Board hearing before a Veterans Law Judge. However, in December 2020, he withdrew such request. 38 C.F.R. §§ 20.702 (e), 20.704(e). The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the appellant if further action is required. 1. Entitlement to an effective date earlier than November 17, 2017, for the grant of service connection for balance impairment related to Parkinson’s Disease is remanded. 2. Entitlement to an effective date earlier than November 17, 2017, for the grant of service connection for bradykinesia and tremors, left upper extremity, related to Parkinson’s Disease is remanded. 3. Entitlement to an initial evaluation in excess of 30 percent for balance impairment related to Parkinson’s Disease is remanded. 4. Entitlement to an initial evaluation in excess of 20 percent for bradykinesia and tremors, left upper extremity, related to Parkinson’s Disease is remanded. New evidence was introduced into the record following the Veteran’s Substantive Appeal, consisting of VA medical records, a September 2020 VA central nervous system and neuromuscular disease examination, a January 2021 VA peripheral nerves examination, and a January 2021 VA Parkinson’s Disease examination. The new VA medical evidence is relevant to the Veteran’s claims. However, there is no Supplemental Statement of the Case (SSOC) in the record indicating that the issues on appeal were readjudicated in light of that new evidence, nor is there a waiver of RO review from the Veteran or his representative. The most recent adjudication of the record was the SOC issued in July 2020. In light of this, a remand is necessary in order for the RO to properly readjudicate the claims at issue to include the new evidence of record. The Board also notes that, although the Veteran raised the issue of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), which is part and parcel of a claim for an increased rating, that issue is not currently before the Board. The RO issued a rating decision regarding a TDIU in April 2020. The Veteran submitted an appeal to that decision in July 2020 and requested Supplemental Claim review. Therefore, the issue of a TDIU is being adjudicated by the RO. Although the issue of a TDIU is not currently before the Board, it may be the subject of a future appellate decision. The matters are REMANDED for the following action: 1. The AOJ should readjudicate the claims on appeal with consideration of the additional evidence associated with the claims file since the issuance of the SOC in July 2020. 2. If a claim for benefits remains denied, the AOJ should issue an appropriate SSOC, afford the Veteran and his representative an opportunity to respond, and return the case to the Board. Amanda E.H. Gibson Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Temple, 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. Amanda E.H. Gibson Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Temple, 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.