Citation Nr: 18146238
Decision Date: 10/31/18	Archive Date: 10/30/18

DOCKET NO. 16-38 279
DATE:	October 31, 2018
REMANDED
Entitlement to an increased rating in excess of 10 percent for a right ankle sprain, status post arthroscopy is remanded.
Entitlement to a total disability rating based upon individual unemployability due to service connected disabilities (TDIU) is remanded. 
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Navy from July 1968 to July 1972. 
1. Entitlement to an increased rating in excess of 10 percent for a right ankle sprain, status post arthroscopy is remanded.
The Veteran contends an increased rating is warranted for his right ankle disabililty. While the record contains contemporaneous VA examinations regarding the Veteran’s right ankle disability, the most recent VA examination in June 2016 did not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016).  The examination did not contain passive range of motion measurements. As such a remand is warranted.

2. Entitlement to a total disability rating based upon individual unemployability due to service connected disabilities (TDIU) is remanded. 
TDIU is part and parcel of an increased rating claim and the Veteran through the record contends that he is unemployable due to his service connected right ankle disability. The Board finds that the issue of entitlement to TDIU has been raised by the record. The title page has been updated accordingly. 
As a result, since it has just been determined that a claim for TDIU is part of the pending increased rating claim, the Veteran was not previously sent a notification letter in compliance with 38 U.S.C. § 5103 (a) and 38 C.F.R. § 3.159(b). Therefore, on remand the Veteran should be provided with proper notice of the evidence necessary to substantiate a claim of entitlement to TDIU. As such a remand is warranted.
The matter is REMANDED for the following action:
1. Provide the Veteran with appropriate notice of VA’s duties to notify and to assist. Particularly, the Veteran should be properly notified of how to substantiate a claim for entitlement to TDIU. The Veteran should be provided the opportunity to complete a TDIU claim form VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability). 
2. Schedule the Veteran for an examination of the current severity of his right ankle status post arthroscopy.  The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing.  The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s right ankle disability alone and discuss the effect of the Veteran’s right ankle disability on any occupational functioning and activities of daily living.  If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, 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).
In addition, attention is invited to the Veteran’s statements noting that his right ankle pain had eliminated his job opportunities and he has increased right ankle pain making it difficult for him to stand for greater than an hour. 
 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Kardian