Citation Nr: 21025000 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 11-16 084 DATE: April 27, 2021 REMANDED Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for hypertension, to include as secondary to posttraumatic stress disorder (PTSD), is remanded. Entitlement to service connection for status post hemorrhoidectomy, to include as secondary to service-connected irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD), is remanded. Entitlement to an initial rating higher than 20 percent for right shoulder strain is remanded. Entitlement to a compensable rating for pseudofolliculitis barbae 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 May 1985 to April 1992, and from July 2009 to September 2009. He served in Southeast Asia from January 1991 through October 1991. This matter comes before the Board of Veterans’ Appeals (BVA or Board) from multiple rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In December 2017, the Board requested a medical expert opinion from the VHA. A VHA medical opinion was rendered in January 2018. In January 2019, the issues of entitlement to service connection for chronic fatigue syndrome, a cervical spine disability, a lumbar spine disability and asthma were remanded for issuance of a supplemental statement of the case. In October 2020, the Board dismissed the issues of entitlement to service connection for asthma, narcolepsy, and entitlement to increased ratings for IBS with GERD, and a left shoulder strain. The issue of entitlement to service connection for a traumatic brain injury (TBI) was denied; the issues of entitlement to service connection for a lumbar spine disability, sleep apnea, migraines, and chronic fatigue were granted. The Board also denied entitlement to an increased rating for fibromyalgia and granted an increased rating for PTSD. The issues of entitlement to service connection for a cervical spine disability, hypertension, status post hemorrhoidectomy, a right shoulder strain, entitlement to a compensable rating for pseudofolliculitis barbae and entitlement to a TDIU were remanded. The Board notes that a separate Board decision was also issued in October 2020, which granted entitlement to service connection for a bilateral ankle disability and remanded the issues of entitlement to increased ratings for the bilateral knees; importantly, however, this decision was issued under the Appeals Modernization Act (AMA), and as such, is not part of the instant Board decision, which is part of the legacy system. All issues are remanded. Inasmuch as the Board sincerely regrets another remand of this matter, the development directed by the Board in its last remand was not accomplished. Where the remand orders of the Board or the Courts are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998). As noted, these issues were remanded by the Board in October 2020 to complete additional development. More specifically, in the October 2020 remand, the Board directed the RO to obtain addendum VA medical opinions for the Veteran’s claimed cervical spine disability, hypertension, hemorrhoids, and to afford the Veteran VA examinations for his right shoulder disability and pseudofolliculitis barbae. The remand then directed the RO to readjudicate the issues on appeal, and to issue a supplemental statement of the case (SSOC) if the benefits sought remained denied. Evidence indicates the Veteran was afforded VA examinations and medical opinions were obtained; however, the RO did not thereafter readjudicate the claims yet the appeal was sent back to the Board. As of the date of this decision, no SSOC has been associated with the Veteran’s claims file addressing these issues. In short, the RO has not yet substantially complied with the directives set forth in the October 2020 remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). On remand, the RO must ensure that all development ordered on remand in October 2020 has been completed and the issues on appeal should then be readjudicated. If the claims remain denied, a SSOC must be issued. The matters are REMANDED for the following action: 1. Ensure that all development ordered in the October 2020 Board remand has been completed. 2. Thereafter, readjudicate the claims. If the claims remain denied, the Veteran and his representative must be issued a SSOC. An appropriate period of time must be allowed for response. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Andersen, 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.