Citation Nr: 1319712	
Decision Date: 06/19/13    Archive Date: 06/27/13

DOCKET NO.  07-30 218	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico


THE ISSUES

1.  Entitlement to a rating on excess of 20 percent for right shoulder impingement syndrome.

2.  Entitlement to a rating in excess 10 percent for residuals of a left ankle sprain.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

James R. Siegel, Counsel



INTRODUCTION

The appellant is a Veteran who served on active duty from December 1971 to December 1973.  This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that continued 20 and 10 percent ratings, respectively, for his right shoulder and left ankle disabilities.  

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if further on his part action is required.


REMAND

The most recent VA examination to evaluate the disabilities at issue was conducted in October 2009, nearly four years ago.  In effect, the Veteran argues the disabilities have increased in severity in the interim.  Given the allegation of worsening and the length of the intervening period, a contemporaneous examination to assess the disabilities is necessary.  

Accordingly, the case is REMANDED for the following:

1.  The RO should ask the Veteran to identify all providers of evaluation and/or treatment he received for his right shoulder and left ankle since 2010, and to provide authorizations for VA to secure records from any private providers identified.   The RO should secure for the record copies of the complete clinical records from all providers identified.  

2.  After the development sought above is completed, the RO should arrange for an orthopedic examination of the Veteran to determine the current nature and severity of his service connected right shoulder and left ankle disabilities.  The Veteran's VA medical record must be reviewed by the examiner in conjunction with the examination.  All indicated studies must be completed, and should specifically include range of motion studies, active and passive, of the right shoulder and left ankle.  The examiner must note any additional functional limitations due to such factors as pain, use, etc.  

The examiner must explain the rationale for all opinions.

3.  The RO should then review the record and readjudicate the claims.  If either remains denied, the RO should issue an appropriate supplemental statement of the case and afford the Veteran and his representative the opportunity to respond.  The case should then be returned to the Board, if in order, for further appellate consideration.

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).  These claims must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).


_________________________________________________
GEORGE R. SENYK
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) (2012).