Citation Nr: 18141387
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 12-13 559
DATE:	October 10, 2018
REMANDED
Entitlement to a rating in excess of 20 percent for residuals of right tibia/fibula fracture with right knee strain is remanded.
Entitlement to a rating in excess of 20 percent for residuals of left tibia fracture with left knee strain is remanded.
Entitlement to a rating in excess of 10 percent for degenerative disc disease of the cervical spine involving C5-6, C6-7 is remanded.
Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to July 20, 2017 is remanded.
REASONS FOR REMAND
As to the claims involving the knees and cervical spine, the most recent examinations addressing those disabilities took place in May 2014.  Considering the length of time that has passed since the last examinations, the Board finds that new VA examinations should be obtained.  See Green v. Derwinski, 1 Vet. App. 121, 124 (1991).
During the pendency of the appeal for increased ratings for the knees and cervical spine, the Veteran submitted an application for a TDIU, claiming that, inter alia, his leg and neck disabilities had rendered him too disabled to work.  The issue of entitlement to a TDIU has thus been raised by the evidence of record.  See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009).  Although an April 2018 rating decision granted entitlement to a TDIU from July 20, 2017, because the claims involving the knees and cervical spine predates that date, entitlement to a TDIU for the period prior to July 20, 2017 remains on appeal.
Any outstanding VA treatment records should also be obtained.
The matters are REMANDED for the following action:
1.  Obtain any outstanding VA treatment records, to include records from the North Florida/South Georgia Veterans Health System from April 2018 to the present, and the Gulf Coast Veterans Health Care System from January 2017 to the present.
2.  Schedule the Veteran for VA examinations to evaluate the current severity of his bilateral knee and cervical spine disabilities.  The electronic claims folders should be made available to the examiner(s) for review in conjunction with the examinations and the examiner(s) should acknowledge such review in the examination report.  Any indicated studies should be performed.  The examinations should be conducted in accordance with the current disability benefits questionnaires or examination worksheets applicable to the knees and spine.
The examiner should fully describe and distinguish any impairment arising from pain on active motion, passive motion, in weight-bearing, and in nonweight-bearing.  If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so.
The examiner should also fully describe all occupational impairment related to the service-connected cervical spine and knee disabilities.
A complete rationale should accompany any opinion provided.
3.  After completing any additional development deemed necessary, readjudicate the claims.  If any benefit requested on appeal is not granted to the Veteran’s satisfaction, the appellant and his representative should be furnished a supplemental statement of the case and provided an opportunity to respond.  The case should then be returned to the Board for further appellate consideration, if in order.
 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Matthew Schlickenmaier, Counsel