Citation Nr: 21015428 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 16-61 766 DATE: March 17, 2021 REMANDED Entitlement to an increased rating higher than 10 percent for gastritis is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), prior to July 25, 2019, is remanded. REASONS FOR REMAND The Veteran served on active duty training from February 1979 to September 1979 and active duty from November 1979 to December 1980. This appeal to the Board of Veterans’ Appeals (Board) arose from a January 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied an increased rating higher than 10 percent for gastritis. This matter was previously before the Board in January 2019, at which time the claim was remanded for further development. The Veteran testified at a Decision Review Officer (DRO) hearing in September 2016. In October 2019, she testified before the undersigned Veterans Law Judge at a Board video conference hearing. The issue of entitlement to a TDIU was raised by the record, as noted in the October 2019 Board hearing and formal TDIU claim submitted in July 2019. While the RO granted entitlement to a TDIU, effective July 25, 2019, in a July 2020 rating decision, given that the appeal for an increased rating for gastritis dates back to 2012, the issue of entitlement to a TDIU prior to July 25, 2019 is still before the Board. 1. Entitlement to an increased rating higher than 10 percent for gastritis is remanded. At testimony at the October 2019 Board hearing, the Veteran asserted that her gastritis had increased in severity since the Veteran was last examined by VA in July 2019. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of gastritis. Additionally, the Board notes that, in September 2019, the Veteran’s representative challenged the competency of the VA examiner who administered the July 2019 VA examination addressing the Veteran’s gastritis, noted above; and requested the examiner’s curriculum vitae (CV) and all known qualifications to determine the adequacy of the examiner’s expertise, pursuant to Francway v. Wilkie, 930 F.3d 1377, 1380 (Fed. Cir. 2019). Consequently, the Board finds that once a claimant requests information about an examiner’s qualifications, the duty to assist mandates that the claimant “has the right, absent unusual circumstances, to the curriculum vitae and other information about qualifications of a medical examiner.” Id. Accordingly, on remand, to the extent possible, the CV for the VA examiner and any additional information regarding her qualifications should be obtained, associated with the record, and provided to the Veteran and her representative for review. 2. Entitlement to a TDIU prior to July 25, 2019 is remanded. The Veteran raised the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) by submitting a formal claim in July 2019 and also during testimony at the Board in October 2019. While a July 2020 rating decision granted entitlement to a TDIU, effective July 25, 2019, the issue of entitlement to a TDIU prior to this date is still before the Board as part of the increased rating claim for gastritis. Social Security Administration (SSA) records show the Veteran was awarded disability benefits for her back disability and mental health disorders in 2013. She also met the schedular criteria for a TDIU under 38 C.F.R. § 4.16 (a), effective January 23, 2012, on the basis of her PTSD and back disabilities. The matters are REMANDED for the following action: 1. Please document for the record all efforts to provide: (a.) a copy of the curriculum vitae for the examiner who performed the July 2019 VA gastritis examination; and (b.) any other available information regarding the examiner's qualifications, and (c.) associate any such information with the record and provide the Veteran and her representative a copy thereof. If the requested information is not obtainable, the Veteran and her representative should be notified, and the reasons for such should be documented in the record. 2. Obtain the Veteran’s VA treatment records for the period from July 2019 to present. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected gastritis. 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. 4. Obtain a retroactive medical opinion as to the impact of the Veteran’s service-connected back and PTSD disabilities on her employment prior to July 25, 2019. The examiner should elicit from the Veteran her complete educational, vocational, and employment history and should note her complaints regarding the impact of her back and PTSD disabilities on employment prior to July 25, 2019. The examiner should identify all limitations or functional impairment caused solely by the back and PTSD disabilities. S.L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sarah B. Richmond, 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.