Citation Nr: 18143639
Decision Date: 10/19/18	Archive Date: 10/19/18

DOCKET NO. 12-28 131
DATE:	October 19, 2018
REMANDED
The issue of service connection for a recurrent right leg disorder is remanded.  
The issue of an initial compensable rating for anterior chest and left lower extremity scar residuals is remanded.  
REASONS FOR REMAND
The Veteran had active service from February 1980 to March 2003.  
In an August 2018 Application for Disability Compensation and Related Compensation Benefits (VA Form 21 526EZ), the Veteran sought both service connection for tendinitis and increased ratings for the service connected cardiovascular, thoracolumbar, and traumatic brain injury (TBI) disabilities.  The issues of service connection for tendonitis; a rating in excess of 30 percent for the service connected coronary artery disease with coronary artery bypass graft residuals; a rating in excess of 40 percent for TBI residuals with an amnestic and cognitive disorder and headaches; and a rating in excess of 20 percent for thoracolumbar spine degenerative disc disease have not been adjudicated by the Agency of Original Jurisdiction.  Therefore, the Board of Veterans’ Appeals (Board) does not have jurisdiction over those issues.  The issues are referred to the Agency of Original Jurisdiction for appropriate action.  
1. The issue of service connection for a right leg condition is remanded.  
In December 2017, the Veteran submitted a timely notice of disagreement with the denial of service connection for a recurrent right leg disorder.  Where a veteran has submitted a timely notice of disagreement with an adverse decision and the Agency of Original Jurisdiction has not subsequently issued a statement of the case addressing the issue, the Board should remand the issue to the Agency of Original Jurisdiction for issuance of a statement of the case.  Manlincon v. West, 12 Vet. App. 238, 240 241 (1999).  
2. The issue of an initial compensable rating for anterior chest and left lower extremity scars is remanded.  
Unfortunately, another remand is required in this appeal.  Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration.  
An August 2018 rating decision notes that the Veteran was being scheduled for an examination to determine the current nature and severity of the service connected left lower extremity scar residuals.  The report of such examination, if conducted, is not of record.  VA clinical documentation dated after August 2018 is not of record. 
VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran’s claim.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).  
The matters are REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who has treated the service connected scar residuals.  Make two requests for any authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  
2. Obtain the Veteran’s VA examination and treatment records associated with treatment after June 2018.  
3. Issue a statement of the case which addresses the issue of service connection for a recurrent right leg disorder.  Notify the Veteran of his appeal rights and that he must submit a timely substantive appeal to receive appellate review of those claims.  If a timely substantive appeal is received, return those claims to the Board.  

 
J. T. HUTCHESON
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. G. LeMoine, Associate Counsel