Citation Nr: 0810412 Decision Date: 03/28/08 Archive Date: 04/09/08 DOCKET NO. 07-20 966 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to an evaluation in excess of 30 percent for residuals of a gunshot wound to the left thigh, involving Muscle Group XIII. 2. Entitlement to an evaluation in excess of 20 percent for residuals of a gunshot wound to the left buttock, involving Muscle Group XVII. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD C. M. Powell, Associate Counsel INTRODUCTION The veteran had active service from October 1941 to August 1945. He received the Combat Infantryman Badge and the Purple Heart Medal. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2006 rating decision of the Detroit, Michigan Regional Office (RO) of the Department of Veterans Affairs (VA). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND With regard to the duty to assist, VA must make reasonable efforts to assist the veteran in obtaining evidence necessary to substantiate the claim for the benefit sought unless no reasonable possibility exists that such assistance would aid in substantiating the claim. 38 U.S.C.A. § 5103A(a) (West 2002); 38 C.F.R. § 3.159(c)(d) (2007). Such assistance includes the obligation to obtain ongoing treatment records while a claim is pending. Murincsak v. Derwinski, 2 Vet. App. 363 (1992). The veteran has reported that he receives treatment at the Benton Harbor VA Outpatient Clinic. However, the record does not reflect that the RO obtained or attempted to obtain any such records. As these records may be useful in adjudicating the veteran's claim, the Board finds the claim should be remanded so that such records can obtained and associated with the veteran's claims file. Accordingly, the case is REMANDED for the following action: 1. Issue corrective VCAA notice with regard to the issues on appeal, in accordance with the decision in Quartuccio v. Principi, 16 Vet. App. 183 (2002), Pelegrini v. Principi, 18 Vet. App. 112 (2004), Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006), Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008), as well as 38 U.S.C.A. 5102, 5103, and 5103A, 38 C.F.R. § 3.159, and any other applicable legal precedent. Specifically, the appellant and his representative should be informed as to the information and evidence necessary to substantiate his claims for an increased rating for his service-connected left thigh muscle and left buttock muscle disabilities, including which evidence, if any, the veteran is expected to obtain and submit, and which evidence will be obtained by VA. The veteran should also be advised to send any evidence in his possession pertinent to his appeal to the VA and informed of all relevant diagnostic codes (DC) for the disabilities at issue, as well as a description of the rating formula for all possible schedular ratings under that diagnostic code(s). Additionally, the veteran should be advised of what information and evidence not previously provided, if any, will assist in substantiating or is necessary to substantiate the elements of the claims, including notice that a disability rating and an effective date for the award of benefits will be assigned if service connection is awarded. Further, the veteran should also be advised to provide evidence demonstrating a worsening of the disability and the effect that worsening has on his employment and daily life and that should an increase in disability be found, a disability rating will be determined by applying relevant diagnostic codes based on the nature of the symptoms of the condition for which disability compensation is being sought, their severity and duration, and their impact upon employment and daily life. 2. Contact the veteran and request that he furnish the names, addresses, and dates of treatment of all medical providers from whom he has received treatment for his left thigh and left buttock disabilities since May 2005. After securing the necessary authorizations for release of this information, seek to obtain copies of all treatment records referred to by the veteran, not already of record. 3. All pertinent treatment records from VA Medical Centers and Outpatient Clinics, including the Benton Harbor VA Outpatient Clinic should be obtained and associated with the veteran's claims file. 4. Following completion of the above, the issues on appeal should be readjudicated. If any benefit sought remains denied, the veteran and his representative should be furnished an appropriate supplemental statement of the case and be provided an opportunity to respond. The case should then be returned to the Board for further appellate consideration, as indicated. The appellant has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). _________________________________________________ WILLIAM YATES Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)(2007).