Citation Nr: 21026056 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 17-50 832 DATE: April 29, 2021 REMANDED The issue of entitlement to an extraschedular rating for tinnitus is remanded. The issue of entitlement to an extraschedular rating for right ear hearing loss disability is remanded. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1987 to August 1990, and from February 1991 to June 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a June 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In November 2018, the Veteran testified during a hearing convened at the RO before the undersigned Veterans Law Judge. A transcript of the hearing is included in the claims file and has been reviewed. In June 2019, the Board remanded the claims on appeal for additional development. The case is again before the Board for appellate review. Another remand of the claims is necessary because they are intertwined with claims currently pending before the RO. In April 2021, in relevant part, the Veteran filed claims of entitlement to service connection for nausea and dizziness. In the claim form he also indicated an interest in seeking higher ratings for service-connected hearing loss, tinnitus, and headaches. Development into these new claims may impact the three claims before the Board on appeal – the Veteran asserts entitlement to extraschedular ratings because he says that hearing loss and tinnitus have caused migraines, vertigo, nausea, dizziness, light sensitivity, and motion sickness, which are problems unaddressed by relevant diagnostic codes pertaining to hearing loss and tinnitus. See 38 C.F.R. §§ 4.85-87. As such, a decision on the claims on appeal should be deferred. See Smith v. Gober, 236 F.3d 1370, 1372 (Fed. Cir. 2001) (the appropriate remedy when a pending claim is inextricably intertwined with a claim on appeal is to defer adjudication of the claim on appeal pending the adjudication of the inextricably intertwined claim). The matters are REMANDED for the following action: Once the claims regarding nausea, dizziness, headaches, hearing loss, and tinnitus have been finally decided, readjudicate the claims of entitlement to extraschedular ratings for hearing loss and tinnitus, and for a TDIU, and then return the case to the Board if warranted. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christopher McEntee, 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.