Citation Nr: 18141596 Decision Date: 10/11/18 Archive Date: 10/10/18 DOCKET NO. 16-30 091 DATE: October 11, 2018 REMANDED An increased disability rating for a right foot disability rating, in excess of 10 percent from July 1, 2013 to January 15, 2018, and in excess of 20 percent from January 15, 2018, is remanded. A higher initial disability rating in excess of 10 percent from July 1, 2013 for a right ankle scar is remanded. A higher initial disability rating in excess of 10 percent from July 1, 2013 for right lower extremity neuropathy is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from June 2005 to June 2009. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision by the Regional Office (RO) in Seattle, Washington, which granted service connection for a right ankle scar and assigned a zero percent initial disability rating, effective July 1, 2013, granted service connection for right lower extremity neuropathy and assigned a 10 percent initial disability rating, effective July 1, 2013, and denied a rating in excess of 10 percent for the right foot disability. A May 2016 rating decision granted a higher 10 percent rating for the right ankle scar, effective July 1, 2013. An April 2018 rating decision granted a 20 percent rating for the right foot disability, effective January 15, 2018, creating the “staged” rating issue on appeal. 1. Increased Rating for Right Foot Disability 2. Higher Initial Rating for Right Ankle Scar 3. Higher Initial Rating for Right Lower Extremity Neuropathy Outstanding Treatment Records VA has a duty to assist claimants by gathering all pertinent records of VA treatment and making reasonable efforts to obtain private medical records. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). At the September 2016 RO hearing, the Veteran testified to receiving private treatment from Dr. T.S. for the issues on appeal. To date, it does not appear as though outstanding private treatment records, to include records from Dr. T.S., have been obtained. Further, a private examination report, received by VA in September 2016, has been associated with the record; however, various pages of the private examination report, to include the first and last pages, appear to be missing from the record. In addition, a June 2016 statement reflects that the Veteran wrote that she was “never contacted to provide extra medical evidence.” On remand the Agency of Original Jurisdiction (AOJ) should request that the Veteran provide any outstanding private treatment records, to include complete private examination reports, along with any other relevant outstanding private treatment records, not already associated with the record. Further, the AOJ should attempt to obtain any outstanding VA treatment (medical) records, not already of record. The matters are REMANDED for the following action: 1. The Agency of Original Jurisdiction should contact the Veteran and request that she provide the appropriate release to obtain any outstanding private treatment records, to include records held by Dr. T.S. Upon receipt of the requested information and the appropriate releases, the AOJ should contact all identified health care providers and request that they forward copies of all available treatment records and clinical documentation, not already of record, for incorporation into the record. If identified records are not ultimately obtained, the Veteran should be notified pursuant to 38 C.F.R. § 3.159(e). 2. Associate with the record all VA treatment records pertaining to the treatment of the right foot, right ankle scar, and the right lower extremity neuropathy disabilities, not already of record. 3. After all development has been completed, the AOJ should readjudicate the issues on appeal. J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Tenney, Associate Counsel