Citation Nr: 22018722 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 18-02 169 DATE: March 30, 2022 REMANDED Entitlement to a rating in excess of 40 percent for a back condition with osteoporosis from June 18, 2019 onward is remanded. Entitlement to a rating in excess of 10 percent for left hip painful motion with osteoporosis from June 18, 2019 onward is remanded. Entitlement to a rating in excess of 10 percent for right hip painful motion with osteoporosis from June 18, 2019 onward is remanded. Entitlement to an initial compensable rating for impairment of the left thigh with osteoporosis from June 18, 2019 onward is remanded. Entitlement to an initial compensable rating for impairment of the right thigh with osteoporosis from June 18, 2019 onward is remanded. Entitlement to an initial compensable rating for limitation of extension of the left thigh with osteoporosis from June 18, 2019 onward is remanded. Entitlement to an initial compensable rating for limitation of extension of the right thigh with osteoporosis from June 18, 2019 onward is remanded. For the period prior to July 31, 2015, entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from February to December 1977. In September 2018, the Board of Veterans' Appeals (Board) remanded, in pertinent part, entitlement to a compensable rating for osteopenia and entitlement to a TDIU. In a July 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), a TDIU was granted, effective July 31, 2015. In March 2021, the Board remanded entitlement to a compensable rating for osteopenia. In a June 2021 rating decision, service connection was established for osteoporosis of the back (40% 06/18/2019 per Diagnostic Codes (DC) 5013-5237), left hip (10% 06/18/2019 per DC 5013-5252), right hip (10% 06/18/2019 per DC 5013-5252), left thigh (0% 06/18/2019 per DC 5013-5251), right thigh (0% 06/18/2019 per DC 5013-5251), left thigh limitation of extension (0% 06/18/2019 per DC 5013-5253), and right thigh limitation of extension (0% 06/18/2019 per DC 5103-5253. As a result, the noncompensable rating for osteopenia ended as of June 18, 2019, thus a noncompensable rating was in effect from November 13, 2012 to June 18, 2019, per DC 5099-5013. In October 2021, the Board took jurisdiction of the back, hip and thigh issues as such were part and parcel of the appeal for an increased rating for osteopenia. Read v. Shinseki, 651 F.3d 1296, 1301-02 (Fed. Cir. 2011); see also AB v. Brown, 6 Vet. App. 35, 38 (1993); Hamilton v. Brown, 4 Vet. App. 528, 541 (1993); Hudson v. Principi, 3 Vet. App. 467, 468 (1992). The Board also took jurisdiction of the TDIU issue prior to July 31, 2015 per Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). The Board denied entitlement to a compensable rating for osteopenia, and remanded the back, hip, thigh, and TDIU (prior to July 31, 2015) issues. The basis of the October 2021 remand was that a supplemental statement of the case (SSOC) had not been issued with regard to the back, hip and thigh issues; and for consideration of entitlement to a TDIU prior to July 31, 2015. In December 2021, a SSOC was issued regarding the back, hip, thigh and TDIU issues. Thereafter, in December 2021 VA outpatient treatment records were associated with the claims folder dated December 18-20, 2018 which were not previously of record. In January 2022, the Veteran submitted an August 2021 private bone density exam. In January 2022, VA outpatient treatment records were associated with the claims folder dated January 12, 2021 to January 26, 2022. In March 2022, the Veteran underwent C&P examinations pertaining to the back, hips and thighs. Pertinent evidence gathered by VA and associated with the claims file must be referred to the RO for review and preparation of an SSOC unless this procedural right is waived in writing by the Veteran. 38 C.F.R. §§ 19.37, 20.1304. Thus, Remand is required for RO consideration of all newly obtained pertinent evidence. The matters are REMANDED for the following actions: 1. Associate updated VA treatment records for the period from January 27, 2022. 2. Send the Veteran and her representative a SSOC that addresses the issues of a) entitlement to a rating in excess of 40 percent for a back condition with osteoporosis; b) a rating in excess of 10 percent for left hip painful motion with osteoporosis; c) a rating in excess of 10 percent for right hip painful motion with osteoporosis; d) a compensable rating for left hip impairment with osteoporosis; e) a compensable rating for right hip impairment with osteoporosis; f) a compensable rating for limitation of extension left thigh with osteoporosis; g) a compensable rating for right hip limitation of extension with osteoporosis; and h) entitlement to a TDIU prior to July 31, 2015. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.W. Kreindler, 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.