Citation Nr: 18140356 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 06-21 731A DATE: October 2, 2018 REMANDED Entitlement to an increased initial rating for a low back strain, currently rated as 10 percent disabling prior to November 1, 2012 and 20 percent disabling thereafter, is remanded. Entitlement to an initial rating in excess of 10 percent for residuals of a stress fracture to the right femoral neck, with screw fixation (right femur disability) is remanded. Entitlement to an initial rating in excess of 10 percent for a right knee strain is remanded. Entitlement to an earlier effective date for the grant of service connection for shortening of the right lower extremity is remanded. Entitlement to an initial rating in excess of 10 percent for shortening of the right lower extremity is remanded. REASONS FOR REMAND The Veteran had active service from April 2004 to October 2004. These matters are before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). This case was last before the Board in May 2017, when it was remanded for additional development. 1. Entitlement to an increased initial rating for a low back strain, currently rated as 10 percent disabling prior to November 1, 2012 and 20 percent disabling thereafter, is remanded. 2. Entitlement to an initial rating in excess of 10 percent for a right femur disability is remanded. 3. Entitlement to an initial rating in excess of 10 percent for a right knee strain is remanded. The May 2017 remand directed that the Veteran be scheduled for VA examinations to assess the current severity of the Veteran’s service-connected low back strain, right femur disability, and right knee strain. An August 25, 2017 administrative note and the May 2018 Supplemental Statement of the Case indicate that the Veteran was not provided the requested VA examinations because she failed to respond to VA examination scheduling requests. Nevertheless, as the August 10, 2017 VA examination request lists an address other than the Veteran’s current address of record, the Board finds that there has not been substantial compliance with the prior remand directives. Accordingly, another remand to afford the Veteran an opportunity to report for the requested VA examinations. The evidence indicates there may be outstanding relevant VA treatment records. A March 31, 2015 treatment record indicates that a fee basis treatment record from Treasure Coast Orthopedics dated March 6, 2015 had been scanned into VistA Imaging. It does not appear that this record has been associated with the claims file. A remand to obtain the record is required. 4. Entitlement to an earlier effective date for the grant of service connection for shortening of the right lower extremity is remanded. 5. Entitlement to an initial rating in excess of 10 percent for shortening of the right lower extremity is remanded. As indicated in the May 2017 remand, the Veteran filed a timely notice of disagreement (NOD) at the RO in April 2017 concerning the issues of entitlement to an earlier effective date for the grant of service connection for shortening of the right lower extremity and entitlement to an increased initial rating for shortening of the right lower extremity. To date, the RO has not acknowledged the appeals or provided the Veteran with a statement of the case. Likewise, they are not contained in the VACOLS appeals tracking system as active appeals at the RO. Accordingly, the issues must be remanded for the RO to issue a statement of the case. See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). These issues should only be returned to the Board if they are timely perfected. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated her for her claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since August 25, 2017 as well as the Vista Imaging record referenced in the March 31, 2015 VA treatment record. If any requested records are unavailable, the Veteran should be notified of such. 2. After records development is completed, schedule the Veteran for a VA thoracolumbar spine examination to determine the current severity of her low back strain. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology associated with the Veteran’s low back strain should be reported. 3. Schedule the Veteran for a VA hip and thigh examination to determine the current severity of her right femur disability. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology associated with the Veteran’s right femur disability should be reported. 4. Schedule the Veteran for a VA knee examination to determine the current severity of her right knee strain. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology associated with the Veteran’s right knee strain should be reported. 5. Undertake all actions required by 38 C.F.R. § 19.26, including issuing a statement of the case, so that the Veteran may have the opportunity to complete an appeal on the issues of entitlement to an earlier effective date for the grant of service connection for shortening of the right lower extremity and entitlement to an increased initial rating for shortening of the right lower extremity (if she so desires) by filing a timely substantive appeal. The issues should only be returned to the Board if a timely substantive appeal is filed. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Anderson