Citation Nr: 21029084
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 17-21 899
DATE: May 12, 2021

REMANDED

Entitlement to an initial disability rating in excess of 30 percent for the service-connected anxiety disorder prior to January 20, 2021 is remanded.

Entitlement to an increased disability rating in excess of 70 percent for the service-connected anxiety disorder since January 20, 2021 is remanded.

Entitlement to an initial disability rating in excess of 10 percent for the service-connected coronary artery disease (CAD) prior to February 7, 2012 is remanded.

Entitlement to an increased disability rating in excess of 60 percent for the service-connected coronary artery disease (CAD) since February 7, 2012 (excluding a temporary total rating for convalescence from January 23, 2019 to June 30, 2019) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1966 to October 1969.

These mattes come before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In December 2019, the Veteran testified at a videoconference hearing before the undersigned Veteran Law Judge.  A transcript of the hearing is of record.

These matters were previously remanded by the Board in January 2020.  At that time, the issues of service connection for bilateral hearing loss was also remanded.  During the pendency of the remand, a February 2021 rating decision granted service connection for bilateral hearing loss.  As that decision constitutes a grant of the claim for service connection, the claim for service connection is no longer on appeal.  See generally Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997), (because appellant's first appeal concerned rejection of logically up-stream element of service connection, appeal could not concern logically down-stream elements).

1. Entitlement to an initial disability rating in excess of 30 percent for the service-connected anxiety disorder prior to January 20, 2021 is remanded.

2. Entitlement to an increased disability rating in excess of 70 percent for the service-connected anxiety disorder since January 20, 2021 is remanded.

3. Entitlement to an initial disability rating in excess of 10 percent for the service-connected coronary artery disease (CAD) prior to February 7, 2012 is remanded.

4. Entitlement to an increased disability rating in excess of 60 percent for the service-connected coronary artery disease (CAD) since February 7, 2012 (excluding a temporary total rating for convalescence from January 23, 2019 to June 30, 2019) is remanded.

Pursuant to VA mental health treatment note dated January 2021, the Veteran was noted as receiving Social Security Administration (SSA) disability benefits.  However, to date, such records have not been associated with the claims file.  Accordingly, SSA records should be obtained upon remand.

The matters are REMANDED for the following action:

Request all documents pertaining to any application by the Veteran for SSA disability benefits, including the medical records considered in deciding the claim.

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Medina, Associate 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.