Citation Nr: 21026001 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 12-19 215 DATE: April 29, 2021 REMANDED Entitlement to service connection for a low back disorder is remanded. Entitlement to service connection for pes planus is remanded. Entitlement to service connection for deviated septum with enlarged inferior turbinates is remanded. Entitlement to service connection for congenital nevus is remanded. Entitlement to a rating in excess of 10 percent for a tear of the ulnar collateral ligament of the right thumb is remanded. Entitlement to a total rating on the basis of individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served in the United States Marine Corps on inactive duty for training from August 2001 to November 2002 and on active duty from January 2003 to July 2003, and July 2004 to January 2006. In an October 2016 decision, the Board, in pertinent part, remanded the issues of entitlement to service connection for a low back disorder, pes planus, a deviated septum with enlarged inferior turbinates, and congenital nevus, as well as the issue of entitlement to a higher rating for the Veteran’s service-connected right thumb disability, for additional development, including for VA examinations evaluating his claimed conditions. See October 2016 Board Decision. The agency of original jurisdiction (AOJ) obtained the requested examinations and, in a July 2017 supplemental statement of the case (SSOC) continued to deny service connection for a low back disorder, pes planus, a deviated septum with enlarged inferior turbinates, and congenital nevus, and continued to deny a higher rating for the service-connected right thumb disability. See November 2016 and May 2017 VA Disability Benefits Questionnaires (DBQs); July 2017 SSOC. The claims thus returned to the Board in September 2018, at which time the Board again remanded the claims for service connection and the increased rating claim for still further development, including to reschedule the Veteran for a VA back examination and for initial AOJ review of VA medical records and examination reports that were associated with the file after the issuance of the July 2017 SSOC. See September 2018 Board Decision. The AOJ completed the development requested in the Board’s September 2018 remand, and a January 2020 SSOC continued to deny the claims. Accordingly, the case has returned to the Board. The Board additionally notes that, although the Veteran filed a formal claim for a TDIU during the pendency of this appeal, which was denied by the RO in February 2018, a derivative TDIU claim also had been raised by the record as part and parcel of his increased rating claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009). See also July 2020 Rating Decision (acknowledging the Veteran’s assertion that he was unemployable at least partially as a result of his of his service-connected right thumb disability and deferring further adjudication of the Veteran’s TDIU claim pending resolution of his appeal for a higher rating for his right thumb disorder). Unfortunately, as will be discussed below, yet another remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 1. Entitlement to service connection for a low back disorder is remanded. 2. Entitlement to service connection for pes planus is remanded. 3. Entitlement to service connection for deviated septum with enlarged inferior turbinates is remanded. 4. Entitlement to service connection for congenital nevus is remanded. 5. Entitlement to a rating in excess of 10 percent for a tear of the ulnar collateral ligament of the right thumb is remanded. 6. Entitlement to a total rating on the basis of individual unemployability due to service-connected disability (TDIU) is remanded. The record reflects that the Veteran has applied for Social Security Administration (SSA) disability benefits. See, e.g., April 2021 VA SSA Inquiry Results (containing a Ledger Account File (LAF) notation reflecting a “Denied Claim”). Although a notation in the file reflects that VA is attempting to obtain his SSA records, no documents have, as yet, been associated with the claims file. See April 2021 Email Correspondence (reflecting that VA personnel is in the process of “requesting the Social Security Disability records”). As the record reflects SSA records that may be outstanding and may be pertinent to the Veteran’s claims, the Board must remand the claims in order to obtain those records. See 38 C.F.R. § 3.159(c)(2) and (3); see also Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010) (as long as a reasonable possibility exists that the SSA records are relevant to a Veteran’s claim, VA is required to assist a Veteran in obtaining the identified records). The matters are REMANDED for the following action: 1. Make arrangements to obtain all outstanding VA treatment records and associate them with the claims file. 2. Make arrangements to obtain the Veteran’s SSA records, including all disability determinations, application materials, and associated medical records, to the extent available. 3. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the Veteran’s claims on appeal, to include the issue of entitlement to a TDIU. If any benefit sought on appeal remains denied, furnish to the Veteran and her representative an appropriate SSOC that includes clear reasons and bases for all determinations, and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. McCabe, 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.