Citation Nr: 21040082 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 16-59 956 DATE: July 2, 2021 REMANDED Entitlement to service connection for a left foot disorder is remanded. Entitlement to service connection for a right foot disorder is remanded. Entitlement to service connection for a sleep disorder is remanded. Entitlement to a disability rating in excess of 10 percent for left clavicle subluxation with shoulder strain disability is remanded. Entitlement to a disability rating in excess of 20 percent for status-post scaphoid fracture with carpal fusion, right wrist disability is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1986 to March 1993. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The claims were previously before the Board in March 2019, at which time the Board found that entitlement to a TDIU was raised pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). The claims were remanded for additional development. 1. Entitlement to service connection for a left foot disorder is remanded. 2. Entitlement to service connection for a right foot disorder is remanded. 3. Entitlement to service connection for a sleep disorder is remanded. 4. Entitlement to a disability rating in excess of 10 percent for left clavicle subluxation with shoulder strain disability is remanded. 5. Entitlement to a disability rating in excess of 20 percent for status-post scaphoid fracture with carpal fusion, right wrist disability is remanded. 6. Entitlement to a TDIU is remanded. Upon review, the Board finds that additional development is needed prior to adjudication of the claims. In March 2019, the Board remanded right and left foot service connection claims for VA examinations to determine the nature and etiology of the claimed conditions. For sleep disorder, the Board requested a VA medical opinion. Lastly, for left shoulder and right wrist increased rating claims, the Board requested new VA examinations to determine the current severity of these disabilities. A review of the claims file shows that the RO attempted to schedule the requested VA examinations but was listed as a "no show." He reported that he was incarcerated at the time of the scheduled examinations. See June 2019 VA 21-0829 Report of General Information. After issuance of the July 2019 Supplemental Statement of the Case (SSOC), in September 2019 the RO again attempted to reschedule the requested VA examinations but cancelled the request because the Veteran failed to respond. Most recently, in November 2019, the RO requested VA examinations and opinions. See November 2019 VA 21-2507a, Request for Physical Examination. However, there is no indication that the requested examinations and opinions were held or cancelled. The claims file contains VA treatment records from VA Medical Center (VAMC) Charleston dated through November 2018. As such, the claims are remanded for updated VA treatment records to include the results of any examinations or opinions obtained pursuant to the most recent request. As noted above, a physical examination was not requested for the Veteran's sleep disorder claim. The claim for a TDIU is inextricably intertwined with the increased rating claims. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending adjudication. The matters are REMANDED for the following action: 1. Obtain all updated VA treatment records and examination reports from any applicable VAMC where the Veteran received treatment, to include, but not limited to, the Charleston VAMC. All attempts to obtain these records needed to be documented in the claims file. If these records cannot be obtained or they are unavailable, the Veteran must be formally notified. 2. Obtain a VA medical opinion from an appropriate clinician regarding whether the Veteran has a separate, diagnosable sleep disorder apart from his symptomatology associated with his acquired psychiatric disability, and if so, whether the sleep disorder is at least as likely as not related to his period of service. The examiner is requested to also provide an opinion as to whether sleep apnea is at least as likely as not (1) proximately due to service-connected tinnitus or hypertension, or (2) aggravated beyond its natural progression by his service-connected disabilities. If the reviewing health care provider finds that physical examination or telehealth interview of the Veteran and/or diagnostic testing is necessary, such should be accomplished. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Amanda Baker, 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.