Citation Nr: 18144603 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 10-18 424A DATE: October 25, 2018 REMANDED The issue of entitlement to a compensable disability rating prior to June 7, 2016 for the residual scars of a shell fragment wound to the left upper lateral arm with injury to Muscle Group III is remanded. The issue of entitlement to an increased disability rating in excess of 20 percent from June 7, 2016 for the residual scars of a shell fragment wound to the left upper lateral arm with injury to Muscle Group III is remanded. The issue of entitlement to an increased disability rating in excess of 20 percent for the residuals of a shell fragment wound to the left forearm, lateral elbow and hypothenar eminence with injury to Muscle Groups VIII and IX is remanded. The issue of entitlement to an increased disability rating in excess of 40 percent for the residuals of a shell fragment wound to the right medial thigh, upper and lower popliteal fossa with injury to Muscle Groups XIII, XIV, XVI and XVII is remanded. The issue of entitlement to an increased disability rating in excess of 40 percent for the residuals of a shell fragment wound to the left anterior and lateral thigh and hip with injury to Muscle Groups XIV and XVII is remanded. The issue of entitlement to an initial disability rating in excess of 10 percent prior to June 7, 2016 for a painful, superficial scar is remanded. The issue of entitlement to an increased disability rating in excess of 30 percent from June 7, 2016 for a painful, superficial scar is remanded. The issue of entitlement to an initial, compensable disability rating for the residual scars from shell fragment wounds is remanded. The issue of entitlement to an initial, compensable disability rating for other residual scars, including linear scars, from shell fragment wounds is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1968 to March 1970, during the Vietnam Era. For his service, he received, among others, the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with 60 Device and Vietnam Cross of Gallantry with Palm. 1. The issues of entitlement to a compensable disability rating prior to June 7, 2016 for the residual scars of a shell fragment wound to the left upper lateral arm with injury to Muscle Group III; an increased disability rating in excess of 20 percent from June 7, 2016 for the residual scars of a shell fragment wound to the left upper lateral arm with injury to Muscle Group III; an increased disability rating in excess of 20 percent for the residuals of a shell fragment wound to the left forearm, lateral elbow and hypothenar eminence with injury to Muscle Groups VIII and IX; an increased disability rating in excess of 40 percent for the residuals of a shell fragment wound to the right medial thigh, upper and lower popliteal fossa with injury to Muscle Groups XIII, XIV, XVI and XVII; an increased disability rating in excess of 40 percent for the residuals of a shell fragment wound to the left anterior and lateral thigh and hip with injury to Muscle Groups XIV and XVII; an initial disability rating in excess of 10 percent prior to June 7, 2016 for a painful, superficial scar; an increased disability rating in excess of 30 percent from June 7, 2016 for a painful, superficial scar; an initial, compensable disability rating for the residual scars from shell fragment wounds; and an initial, compensable disability rating for other residual scars, including linear scars, from shell fragment wounds are remanded. A review of the claims file indicates the Veteran has been receiving treatment through the San Juan VA Medical Center (VAMC) during the pendency of this appeal. See April 2005 Statement in Support of Claim; May 2010 Statement in Support of Claim. While some treatment records from the San Juan VAMC have been associated with the claims file, the most recent treatment record is from February 2010. Moreover, there is also a significant gap in the treatment records associated with the claims file prior to February 2010. Consequently, a remand is necessary to ensure all relevant, outstanding VA treatment records are obtained. As another matter, pursuant to the Board’s May 2017 remand directives the Regional Office submitted a request through the Personnel Information Exchange System (PIES) for clinical records from January 1, 1969 to December 31, 1969 from the Army Hospital at Fort Dix in June 2017. May 2017 Board Decision; June 2017 Request for Information. In October 2017, a response was received indicating the request was previously fulfilled in August 2015 pursuant to a prior PIES request. October 2017 Request for Information. However, a review of the claims file is negative for any such clinical records. See Stegall v. West, 11 Vet. App. 268, 271 (1998); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). Therefore, a remand is necessary to ensure these clinical records are associated with the claims file. The matters are REMANDED for the following action: 1. Obtain all relevant, outstanding VA treatment records from the San Juan VAMC and its affiliated facilities, to include the treatment records from February 2004 to the present. 2. Obtain all clinical records from the Army Hospital at Fort Dix from 1969 from the appropriate agency(ies). The agency should be advised that while records were purportedly provided in August 2015 pursuant to an earlier PIES request, no such clinical records were received. 3. Once the above requests have been completed, to the extent possible, readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. Suh, Associate Counsel