Citation Nr: 21026128 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 16-58 219 DATE: April 29, 2021 REMANDED Entitlement to a compensable initial rating for a right ring finger disability, to include degenerative joint disease and scar, is remanded. Total disability based on individual unemployability is remanded. REASONS FOR REMAND The Veteran served in the U.S. Marine Corps on active duty from June 1976 to June 1981. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran provided testimony at a hearing before the undersigned Veteran’s Law Judge in February 2021; a transcript of the hearing has been associated with the claims file. At the hearing, the Veteran stated that his right ring finger condition, along with his additional service-connected conditions, rendered him unemployable. That issue is therefore inferred as part and parcel of the appealed issue. Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board also recognizes that a free-standing claim for a finding of total disability based on individual unemployability (TDIU) is currently being processed by the RO. In his May 2016 Notice of Disagreement, the Veteran disagreed with the effective date assigned for service connection of his right ring finger disability. An earlier effective date for service connection was granted in an October 2016 rating decision. In his October 2016 Form 9, the Veteran specified only one issue to be considered by the Board – a compensable initial rating for his right ring finger. At the February 2021 hearing, the Veteran’s counsel confirmed that the earlier effective date claim had been satisfied in full. Accordingly, that issue is not before the Board. 1. Entitlement to a compensable initial rating for a right ring finger disability, to include degenerative joint disease and scar, is remanded. In March 2021, the RO requested that the Veteran be scheduled for a VA examination to evaluate the current level of severity of the Veteran's service-connected ring finger disability. The RO also requested additional treatment records from the Veteran. This additional development interferes with the Board’s ability to fairly and fully evaluate the Veteran's increased rating claim, as the RO is in the process of generating and obtaining additional relevant evidence. Specifically, the requested VA examination is expected to include information about all of the manifestations of the Veteran's right ring finger disability. Therefore, in order to provide the Veteran a full and fair opportunity to participate in the adjudication of this claim, and render a decision based on all relevant evidence, this claim is remanded. 2. Total disability based on individual unemployability is remanded. At the February 2021 hearing, the Veteran testified that he was unable to work due to his service-connected disabilities, including his right ring finger disability. Because the Veteran has claimed entitlement to TDIU, in part, because of his right ring finger disability, the Veteran’s TDIU claim is inextricably intertwined with the remanded issue. Adjudication of TDIU must be deferred. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Associate updated VA treatment records with the claims file. 2. Complete development of the Veteran's increased rating and TDIU claims. 3. After completion of the above, readjudicate the claims on appeal, to include . If any benefit sought remains denied, issue an appropriate supplemental statement of the case, and return the appeal to the Board WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Megan-Brady Viccellio 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.