Citation Nr: 21028576 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 17-48 836 DATE: May 11, 2021 REMANDED 1. Entitlement to a compensable rating for surgical scar, status post right inguinal hernia repair is remanded. 2. Entitlement to a compensable rating for status post right inguinal hernia repair is remanded. 3. Entitlement to a compensable rating for right ankle strain is remanded. 4. Entitlement to a rating in excess of 20 percent for lumbosacral strain is remanded. 5. Entitlement to a total rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from August 2004 to March 2010. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision, which, in part, granted service connection a surgical scar, status post right inguinal hernia repair, rated 0 percent, effective May 23, 2013; continued 0 percent ratings for status post right inguinal hernia repair and right ankle strain; increased the rating for lumbosacral strain to 20 percent, effective April 6, 2012; and denied a TDIU rating. In December 2020, a virtual hearing was held before the undersigned; a transcript is in the record. 1., 2., 3. Entitlement to compensable ratings, each, for surgical scar, status post right inguinal hernia repair, status post right inguinal hernia repair, and for right ankle strain. During the December 2020 Board hearing, the Veteran testified he had re-applied for Social Security Administration (SSA) disability benefits in approximately 2018. See December 2020 Board Hearing Transcript, p. 7. The Board is aware that SSA records were associated with the Veteran's claims file in 2013 and 2015; however, any records from the reported re-application in 2018 are not in in the claims file. As his testimony indicates that there may be outstanding and relevant SSA records, a remand to obtain such records is necessary. 4. Entitlement to a rating in excess of 20 percent for lumbosacral strain. Evidence pertaining to this claim has been associated with the record following the July 2017 issuance of the Statement of the Case (SOC), namely an August 2018 Back (Thoracolumbar Spine) Conditions Disability Benefits Questionnaire (DBQ), without a SSOC being issued or a waiver of AOJ review. A remand for AOJ initial consideration of the additional evidence is necessary. 38 C.F.R. § 19.31. 5. Entitlement to a TDIU rating. Ar the December 2020 Board hearing, the Veteran testified that his service-connected psychiatric disability has rendered him unemployable. Upon review, the Board finds remand is required for a VA medical examination to assess the functional impact of the Veteran's service-connected psychiatric disability on his employability is necessary. See December 2020 Board Hearing Transcript, p. 13. The Veteran also testified he has received treatment for his service-connected psychiatric disability at a VA clinic in Dothan, Alabama. Remand is required to obtain any relevant and outstanding VA record os such treatment. The matters are REMANDED for the following: 1. Secure for the record complete updated to the present (all outstanding) medical records of evaluations and treatment the Veteran has received for his service-connected psychiatric disability. 2. Obtain any outstanding SSA records pertaining to the Veteran's re-application for SSA disability in 2018, to include all medical records considered in the determination made. Document all requests for information as well as all responses. 3. Review the record (specifically including the August 2018 Back (Thoracolumbar Spine) Conditions DBQ examination report, and, following any additional action deemed necessary, readjudicate the claim for an increased rating for lumbosacral strain (and issue an appropriate SSOC addressing this matter if the benefit sought remains denied). 4. After receiving these additional records, arrange for a psychiatric examination of the Veteran to assess the current severity of his service-connected psychiatric disability, and for an opinion regarding the impact the disability has on his occupational functioning . The examiner should review the Veteran's claims file, and in particular any records of his psychiatric treatment that are received, and should describe all psychiatric symptoms and related impairment in detail. The examiner should identify the types of occupational tasks that would be impacted by the symptoms and impairment due to the disability found, offering examples of the types of work that would be precluded by the psychiatric disability and the types of work that may remain feasible despite the disability. All opinions must include rationale that cites to supporting clinical data and medical principles. GEORGE R. SENYK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Griffith 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.