Citation Nr: 21015630 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 15-43 455 DATE: March 18, 2021 REMANDED Entitlement to a disability rating greater than 20 percent prior to June 25, 2019 for degenerative disc disease with cervical stenosis is remanded. Entitlement a to disability rating greater than 30 percent from June 25, 2019 for degenerative disc disease with cervical stenosis is remanded. Entitlement to a disability rating greater than 40 percent for right upper extremity radiculopathy is remanded. Entitlement to a compensable disability rating prior to June 25, 2019 for left upper extremity radiculopathy is remanded. Entitlement to a disability rating greater than 30 percent from June 25, 2019 for left upper extremity radiculopathy is remanded. Entitlement to a disability rating greater than 10 percent prior to October 2, 2019 and greater than 20 percent thereafter for arthritis of the lumbar spine is remanded. Entitlement to a disability rating greater than 10 percent each for bilateral lower extremity radiculopathy is remanded. Entitlement to a disability rating greater than 10 percent for gastroesophageal reflux disease (GERD) is remanded. Entitlement to a total disability rating based upon individualized unemployability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1978 to February 1995 and service in the Reserves from February 1995 to November 2004. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). The Board remanded these issues in January 2019 to provide an opportunity for the RO to obtain relevant medical records and afford the Veteran VA examinations to determine the current severity of his service-connected disabilities. There has been substantial compliance with the January 2019 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Unfortunately, as discussed below, additional development is required. The Board notes that since the January 2019 Board remand, the RO granted the Veteran service-connection for right upper extremity radiculopathy, bilateral lower extremity radiculopathy and increased the Veteran’s disability rating for degenerative disc disease with cervical stenosis, arthritis of the lumbar spine, and left upper extremity radiculopathy. The RO notified the Veteran of its determination in August 2019 and September 2020 rating decisions. The Board has included the separate issues of entitlement to a higher ratings for right upper extremity radiculopathy and bilateral lower extremity radiculopathy because these disabilities are being considered as part of the claim for an increased rating for the service-connected cervical spine and lumbar spine disabilities, respectively. See 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (1) (providing that associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, are to be evaluated separately, under an appropriate diagnostic code). Such consideration is warranted because the ratings for the upper and lower extremities were part and parcel of the rating for the cervical spine and lumbar disabilities and granted pursuant to a Note in the general rating formula for diseases and injuries of the spine. In the light of this fact and the fact that the Veteran’s claim for an increased rating for the service-connected cervical spine and lumbar spine disabilities was received in January 2014, the Board has re-characterized the issues on appeal. In its January 2021 Appellate Brief, the Veteran’s representative argued that TDIU is warranted. The Board finds that the claim of entitlement to TDIU is part and parcel of the increased rating claims on appeal. See Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). As such, the Board has jurisdiction over the matter of entitlement to a TDIU prior to June 25, 2019. The Board finds that remand is necessary to obtain Social Security Administration (SSA) records. VA treatment records dated March 14, 2011 indicate the Veteran is unemployed and receiving SSA benefits. Statements provided to an April 2008 social worker show that the Veteran’s SSA benefits were granted, in part, due to his neurological disabilities which are associated with his cervical and lumbar spine disabilities. Additionally, it is unclear based upon a thorough review of the record whether the Veteran’s SSA benefits were granted solely because of his neurological disabilities. A remand is required to allow VA to request SSA records. Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010). There is no evidence the RO attempted to obtain these records. Upon remand, the RO must attempt to obtain SSA records The evidence also indicates that there are outstanding VA treatment records. These records must be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Obtain the Veteran’s updated VA treatment records. 2. Obtain the Veteran’s federal records from the Social Security Administration. Document all requests for information as well as all responses in the claims file. 3. Request that the Veteran file an Application for Increased Compensation Based on Unemployability (VA Form 21-8940) detailing his complete work history and income information, including self-employment and any other information regarding full-time or part-time employment or attempts to obtain employment. The Veteran is advised to complete the entire form. In the event that the TDIU claim form is not fully completed and returned, the question of abandonment of the TDIU issue will be adjudicated. See 38 C.F.R. § 3.158. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Mohammad Mahmoudi, 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.