Citation Nr: 21040638 Decision Date: 07/06/21 Archive Date: 07/06/21 DOCKET NO. 18-26 366 DATE: July 6, 2021 REMANDED Entitlement to service connection for left shoulder and left shoulder blade is remanded. Entitlement to an increased evaluation for service-connected residuals of fracture, middle third, left clavicle is remanded. Entitlement to an increased rating for service-connected folliculitis is remanded. Entitlement to an increased rating for service-connected compression fracture D12, L1, L2 (back disability) is remanded. Entitlement for a temporary 100 percent rating for convalescence under Paragraph 30 for left shoulder is remanded. Entitlement for a temporary 100 percent rating for hospitalization under Paragraph 29 for left shoulder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from December 1985 to February 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2016 and November 2017 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) in May 2021. A transcript is of record. Unfortunately, the Board finds a remand is warranted for further development. Specifically, the record contains a letter from the Social Security Administration (SSA) for a notice of decision. After review of the record, the Board finds the Veteran's SSA records have not been obtained. A remand is required for all issues on appeal to allow the VA to request these records. In addition, during the hearing in May 2021, the Board was notified of additional private treatment records that are needed. Specifically, the Veteran sought treatment at Triad Interventional Pain Center for his clavicle and shoulder injuries. Therefore, the Board finds the Veteran's claim for an increased rating for his residuals of fracture, middle third, left clavicle and claim for service connection for left shoulder and left shoulder blade must be remanded. The Board also finds that a new VA medical opinion must be obtained after procuring all of the requested medical records to determine whether the new medical evidence changes the prior VA medical opinion regarding the Veterans claim for service connection for left shoulder and left shoulder blade. As for the Veteran's claim for an increased rating for folliculitis, the Board finds a remand is warranted to obtain a new VA examination. Specifically, during the Board hearing, the Veteran asserted that his condition was always inflamed, and he had constant pain. The Veteran also asserted that sweating worsened his condition. The Board finds the Veteran's prior VA skin examinations failed to address these assertions. Therefore, the Board finds a remand is warranted for a new VA examination. The Board finds the Veteran's claim for increased rating for his back disability must also be remanded for a new VA examination. During the May 2021 Board hearing, the Veteran testified that he experienced flare-ups. In addition, the testimony of the Veteran establishes that his condition has worsened since his last VA examination in February 2018. Therefore, the Board finds a remand is warranted for a new VA examination. As for the Veteran's claims for a temporary 100 percent rating for hospitalization under Paragraph 29 and 30 for left shoulder must be remanded. The consideration of these claims could be impacted by the outcome of the Veteran's service connection claim for left shoulder and left shoulder blade. As such, the matter is thus inextricably intertwined with the Veteran's claim being remanded herein. Harris v. Derwinski, 1 Vet. App. 180 (1991). Remand of the inextricably intertwined claims is therefore also required. The matters are REMANDED for the following action: 1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records and private records from Triad Interventional Pain Center. 2. Obtain the Veteran's federal records from the SSA. Document all requests for information as well as all responses in the claims file. 3. Obtain a new VA medical opinion for the Veteran's left shoulder condition. If the examiner deems a new VA examination is necessary prior to providing the requested opinion, then one must be completed. The examiner is directed to opine whether the Veteran's left shoulder and left shoulder blade conditions were at least as likely as not (a 50 percent or greater probability) caused or aggravated by his service-connected residuals of fracture, middle third, left clavicle. The examiner should specifically address the new medical records obtain in accordance with this remand. All opinions must be supported by a rationale. 4. Schedule the Veteran for a VA examination by an appropriate examiner to determine the current severity of his service-connected folliculitis. The examiner is directed to consider the Veteran's lay statements regarding his conditions. Specifically, the examiner must address the Veteran's statements in the May 2021 hearing transcript which states his condition worsens when sweating, is constantly inflamed, and is constantly painful. 5. Schedule the Veteran for a VA examination by an appropriate examiner to determine the current severity of his service-connected back disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. In doing so, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). The examiner is directed to consider the Veteran's statements asserted regarding his back disability in the May 2021 hearing transcript. All opinions must be supported by a rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.