Citation Nr: 18143280
Decision Date: 10/18/18	Archive Date: 10/18/18

DOCKET NO. 13-07 694
DATE:	October 18, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for hypertension is remanded.
Entitlement to an initial rating in excess of 10 percent for spindle cell neoplasm with features of dermatofibroma sarcoma protuberans is remanded.
REASONS FOR REMAND
The Veteran had active military service from July 1983 to October 1998.  The Veteran testified before the undersigned Veterans Law Judge during a June 2016 hearing.  This matter is on appeal from June and September 2010 rating decisions and was previously denied by the Board of Veterans’ Appeals (Board) in October 2017.  The Veteran thereafter appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court).  In an Order dated in June 2018, the Court granted a Joint Motion for Remand (JMR) by the Veteran and VA General Counsel, which was incorporated by reference, to vacate the Board’s decision as to these issues and remand the case for readjudication in accordance with the JMR.
1. Entitlement to a rating in excess of 10 percent for hypertension is remanded.
Evidence indicates that there may be outstanding relevant VA treatment records.  Release forms received in April 2017 show that the Veteran receives VA treatment for the disability on appeal.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them. 
2. Entitlement to an initial rating in excess of 10 percent for spindle cell neoplasm with features of dermatofibroma sarcoma protuberans is remanded.
Unfortunately, there has not been substantial compliance with the Board’s previous remand directives.  The March 2017 remand instructed that the Veteran be provided a VA examination and for the examiner to discuss whether his scar causes limitation of motion.  The April 2017 examiner did not address whether the scar causes limitation of motion.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).
The matters are REMANDED for the following action:
1. In accord with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including VA treatment records. 
2. Schedule the Veteran for an examination by an appropriate VA clinician to determine the current severity of his service-connected spindle cell neoplasm with features of dermatofibroma sarcoma protuberans.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria, including whether the scar causes limitation of motion (if so, perform range of motion studies of the affected part).  To the extent possible, the examiner should identify any symptoms and functional impairments due to spindle cell neoplasm with features of dermatofibroma sarcoma protuberans alone and discuss the effect of the Veteran’s disability on any occupational functioning and activities of daily living.  If it is not possible to provide an opinion regarding symptoms or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Barstow, Counsel