Citation Nr: 21030668
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 15-13 822
DATE: May 19, 2021

REMANDED

Entitlement to service connection for a respiratory condition, claimed as asthma, is remanded.

Entitlement to a skin condition, claimed as dermatitis, is remanded.

Entitlement to service connection for a prostate condition is remanded.

Entitlement to an initial rating for coronary artery disease (CAD) in excess of 10 percent prior to September 22, 2016, is remanded.

Entitlement to an increased rating for CAD in excess of 60 percent from September 22, 2016 to October 23, 2019, is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1969 to August 1971, with combat service in the Republic of Vietnam.

This appeal comes before the Board of Veterans' Appeals (Board) from an April 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.

In June 2018, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the record. At the hearing, the Veteran raised the issue of entitlement to TDIU as part of his increased rating claims on appeal. Thus, the Board has jurisdiction over this issue. Rice v. Shinseki, 22 Vet. App. 447 (2009).

In November 2018 and January 2021, the Board remanded the issues on appeal for further development.

1. Entitlement to service connection for a respiratory condition, claimed as asthma, is remanded.

2. Entitlement to a skin condition, claimed as dermatitis, is remanded.

3. Entitlement to service connection for a prostate condition is remanded.

4. Entitlement to an initial rating for CAD in excess of 10 percent prior to September 22, 2016, is remanded.

5. Entitlement to an increased rating for CAD in excess of 60 percent from September 22, 2016 to October 23, 2019, is remanded.

6. Entitlement to a TDIU is remanded.

As a result of the last Board remand, records from the Social Security Administration were received which included records several medical providers, including First Med of Dothan, Cardiology Associates, Dothan Medical Associates, Dermatology Associates of Dothan, and Southeast Alabama Medical Center, Dothan, Alabama. These records are outdated and more recent records may contain statements and medical records regarding the history and symptomatology to help decide the issues on appeal.  The Board finds that a remand is required to allow VA to obtain authorization and request these records.

Finally, because a decision on the remanded issues above could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined.  A remand of the claim for TDIU is required.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for First Med of Dothan, Cardiology Associates, Dothan Medical Associates, Dermatology Associates of Dothan, and Southeast Alabama Medical Center, Dothan, Alabama.  Make two requests for the authorized records from First Med of Dothan, Cardiology Associates, Dothan Medical Associates, Dermatology Associates of Dothan, and Southeast Alabama Medical Center, Dothan, Alabama, unless it is clear after the first request that a second request would be futile.

2. Thereafter, readjudicate the claims, considering all evidence of record. If the benefits sought remains denied the Veteran and his representative should be provided a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for a response.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor

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.