Citation Nr: 1103310 Decision Date: 01/26/11 Archive Date: 02/01/11 DOCKET NO. 09-21 188 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to an initial disability rating in excess of 20 percent for a back condition. 2. Entitlement to an initial disability rating in excess of 10 percent for a right knee condition. 3. Entitlement to an initial disability rating in excess of 10 percent for a left hand condition. ATTORNEY FOR THE BOARD Saira Spicknall, Associate Counsel INTRODUCTION The Veteran served on active duty from September 1997 to December 1997 and from November 1999 to November 2004. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2006 rating decision of the Chicago, Illinois Department of Veterans' Affairs (VA) Regional Office (RO). In the March 2009 statement of the case (SOC), the Veteran was assigned an initial 10 percent disability rating for the left hand condition, effective November 18, 2004. Although this was a partial grant of the benefit sought on appeal, the Board notes that the Veteran has indicated continued disagreement with the rating assigned and he has not been granted the maximum benefit allowed; thus, the claim is still active. See AB v. Brown, 6 Vet. App. 35, 38 (1993). 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 The Board finds that there is a further VA duty to assist the Veteran in developing evidence pertinent to his claims for initial disability ratings in excess of 20 percent for a back condition, in excess of 10 percent for a right knee condition, and in excess of 10 percent for a left hand condition. 38 U.S.C.A. § 5103A (West 2002 & Supp. 2010); 38 C.F.R. § 3.159 (2010). The Veteran was last provided a VA examination in January 2006 for his back, right knee, and left hand conditions. In his September 2006 notice of disagreement (NOD), the Veteran claimed that his conditions had worsened and warranted a higher rating. In a May 2009 VA form 9, the Veteran reported that he believed that VA did not consider the symptomatology of his conditions, his age, the affects of his medications and his pain and suffering. He also reported that as he grew older, he had more recurrent pain in his joints and back, he took more medication for the pain, and it affected him emotionally. As the Veteran was last provided VA examination in January 2006, approximately five years ago, and the statements by the Veteran reflect that his conditions have worsened since that time, the Board finds that current VA examinations are necessary to adequately evaluate the claim. Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPCGPREC 11-95 (1995); see also 38 C.F.R. § 3.327 (a reexamination will be requested whenever there is a need to verify the current severity of a disability). Accordingly, the case is REMANDED for the following action: 1. The RO/AMC should schedule the Veteran for a VA orthopedic examination by an appropriate specialist, to determine the current nature and etiology of his current back condition and right knee condition. The claims folder and a copy of this remand are to be made available to and reviewed by the examiner in connection with the examination. The examination report is to contain a notation that the examiner reviewed the claims file. The evaluation of the Veteran's back and right knee should consist of all necessary testing, to include range of motion testing for both the back and right knee and instability testing for the right knee. The examiner is asked to comment on the degree of severity of both the Veteran's back condition and right knee condition and their affect on his employment and activities of daily living. A complete rationale must be given for any opinion expressed, and the foundation for all conclusions should be set forth. The report of the examination should be associated with the claims file. 2. The RO/AMC should schedule the Veteran for a VA neurological examination by an appropriate specialist, to determine the current nature and etiology of his current left hand condition. The claims folder and a copy of this remand are to be made available to and reviewed by the examiner in connection with the examination. The examination report is to contain a notation that the examiner reviewed the claims file. The evaluation of the Veteran's left hand should consist of all necessary testing. The examiner is asked to comment on the degree of severity of the Veteran's left hand condition and its affect on his employment and activities of daily living. With respect to the severity of the condition, the examiner is asked to report whether the Veteran has mild, moderate or severe incomplete paralysis or complete paralysis of the left hand. A complete rationale must be given for any opinion expressed, and the foundation for all conclusions should be set forth. The report of the examination should be associated with the claims file. 3. After the development requested above has been completed to the extent possible, the record should again be reviewed. If the benefits sought on appeal remain denied, the Veteran and his representative, if any, should be furnished a supplemental statement of the case and given the opportunity to respond thereto. The case should then be returned to the Board for further appellate consideration. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2010). _________________________________________________ CHERYL L. MASON 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) (2010).