Citation Nr: 21027202
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 17-03 181
DATE: May 5, 2021

REMANDED

The claim of entitlement to a higher initial rating for sinusitis maxillary is remanded.

The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1960 to November 1963.

This appeal comes to the Board of Veterans' Appeals (Board) on appeal of a rating decision issued by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).

In September 2018, the Board remanded the issues on appeal.  In the remand, the Board also requested issuance of a statement of the case (SOC) with regard to an issue concerning the reduction of the initial rating for sinusitis.  See Manlincon v. West, 12 Vet. App. 238 (1999).  In response, in October 2019, the RO issued a SOC.  The Veteran did not appeal the issue to the Board. 

Nevertheless, the claim of entitlement to a higher initial rating must be remanded.  The most recent VA examination into this claim was conducted in September 2016.  Medical evidence in the claims file dated since then indicates that the disorder has worsened.  As such, a new examination should be provided.  The TDIU claim must be remanded as well because it is intertwined with the increased rating claim.  

The matters are REMANDED for the following action:

1. Undertake appropriate development to obtain any outstanding records pertinent to the claims.  All records/responses received must be associated with the claims file.  See 38 C.F.R. § 3.159.

2. Provide an examination into the claim of entitlement to a higher disability rating for sinusitis.  After reviewing the claims file, interviewing the Veteran, and examining him, the examiner should address:

the nature and severity of current sinusitis as well as sinusitis since the most recent VA report dated in September 2016.  

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3. Then, in readjudicating the claim, the RO should again determine whether the staged initial rating is still warranted from September 2016.  

 

 

C. J. McEntee

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Bristor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.