Citation Nr: 21025762 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 13-09 063A DATE: April 28, 2021 REMANDED Entitlement to an initial compensable rating for partial torn right calf muscle prior to November 2, 2020, and entitlement to a rating in excess of 30 percent on and after November 2, 2020, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from July 1974 to July 1977. These matters come before the Board of Veterans’ Appeals (Board) from January 2012 and June 2016 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In a February 2019 decision, the Board, in part, denied entitlement to an initial compensable rating for partial torn right calf muscle. The Veteran appealed that Board decision to the U.S. Court of Appeals for Veterans Claims (Court). In August 2019, the Court issued an order granting the parties’ joint motion for partial remand, vacating the Board’s February 2019 decision in pertinent part. In June 2020, the Board remanded the Veteran’s claim for an initial compensable rating for partial torn right calf for additional development. A November 2020 rating decision assigned an initial 30 percent rating for right torn calf effective November 2, 2020. Staged ratings have been created and the issue has been characterized as shown on the title page of this decision. In February 2019, the issue of entitlement to TDIU was remanded by the Board. The matter has been returned to the Board for review. The Board notes that, after the Board’s February 2019 remand, the Veteran submitted a higher-level request concerning the issue of TDIU. However, that request was made before a Supplemental Statement of the Case (SSOC) was issued after the Board’s February 2019 remand. The RO informed the Veteran that his request could not be accepted. In July 2020, an SSOC was issued and the Veteran has not submitted any timely form to opt into the Appeals Modernization Act (AMA) for adjudication under that system. Accordingly, the Board will proceed to adjudicate this matter under the legacy system. 1. Entitlement to an initial compensable rating for partial torn right calf muscle prior to November 2, 2020, and entitlement to a rating in excess of 30 percent on and after November 2, 2020, is remanded. 2. Entitlement to TDIU is remanded. In July 2020 congressional correspondence, the Veteran reported that he has been granted disability benefits from the Social Security Administration (SSA) and was evaluated as 100 percent disabled. An SSA inquiry shows an entitlement date of 2016 with an onset of disability in 2014. Given that the evidence indicates that the Veteran applied for SSA disability benefits and was granted those benefits during the applicable periods on appeal with respect to the Veteran’s claim for a higher initial rating for partial torn right calf muscle and TDIU, the Board is unable to conclude that the SSA records would be irrelevant to the Veteran’s claims. Remand is required to obtain these identified records. See Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010). Because the Board is remanding the Veteran’s case for SSA records, the Board also finds that a VA examination must be obtained concerning the Veteran’s claim for TDIU. The Veteran is currently service connected for radiculopathy, right lower extremity; partially torn right calf muscle; degenerative disc disease of the thoracolumbar spine; posttraumatic arthritis of the left knee; left knee instability; carpal tunnel syndrome (CTS) of the right upper extremity; CTS of the left upper extremity; burn scars, left neck and chin; left knee scar; and residual scars, status post bilateral CTS release. In 2016, the Veteran was last provided a VA examination for his service-connected CTS. The examiner simply opined that the Veteran’s CTS did not impact his ability to work though the Veteran has asserted that his CTS impacts his ability to type on a computer and he has to take long breaks after typing for 15 minutes. In addition, as to the Veteran’s service-connected thoracolumbar spine disability, an August 2016 VA examiner only addressed prolonged walking and that the Veteran could be employed in sedentary employment without providing any further information. Given the evidence, a VA examination should be provided to address the functional impact of the Veteran’s service-connected disabilities on his ability to work. The matters are REMANDED for the following action: 1. Obtain all relevant SSA records concerning the matters on appeal. 2. Schedule the Veteran for a VA medical examination concerning the Veteran’s service-connected disabilities. The examiner must review the claims file and note that review in the report. The examiner must address the functional impact of the Veteran’s service-connected disabilities on his ability to work. In doing so, the examiner must acknowledge the Veteran’s statements as to how his service-connected disabilities impact his ability to work, such as his limited ability to sit, stand, or walk, and use the computer. The examiner should also consider the Veteran’s education and occupational history. The examiner should not consider the Veteran’s age or any non-service connected disabilities. 3. After taking any additional development deemed necessary as a result of the above, adjudicate the issues on appeal. If any benefit sought remains denied, issue a supplemental statement of the case and return the matters to the Board, if otherwise in order. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Seay, 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.