Citation Nr: 18147632
Decision Date: 11/05/18	Archive Date: 11/05/18

DOCKET NO. 11-32 268
DATE:	November 5, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for post herpetic neuralgia right axilla and right lateral chest is remanded. 
REASONS FOR REMAND
The Veteran served from August 1988 until September 1991. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
A December 2016 Board decision dismissed the Veteran’s claim which the Veteran appealed to the United States Court of Appeals for Veterans Claims (CAVC). In an April 4, 2018 Memorandum Decision (Decision), CAVC set aside the dismissal of the increased rating claim and remanded the matter for readjudication. 
Entitlement to an initial rating for post herpetic neuralgia right axilla and right lateral chest is remanded.
In a rating decision issued in November 2010, the RO granted service connection for post herpetic neuralgia right axilla and right lateral chest and assigned him a 10 percent rating under Diagnostic Code (DC) 8411. The Veteran appealed the issuance of the 10 percent rating. The Veteran has asserted that his condition is severe enough to warrant a rating higher than 10 percent. 
In the October 2018 Informal Hearing Presentation, the Veteran’s representative asserted that all pertinent outstanding medical treatment records must be obtained and that any necessary examinations and/or medical opinions should be obtained.  As the Veteran’s representative appears to assert that additional pertinent VA treatment record are available, the case must be remanded to attempt to obtain any available records.  
The Veteran was last afforded a VA examination to determine the severity of his post herpetic neuralgia right axilla and right lateral chest in January 2016. The Board finds that a contemporaneous examination is warranted to address the Veteran’s contentions regarding the severity of his post herpetic neuralgia right axilla and right lateral chest. See Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to conduct a thorough and contemporaneous examination of the Veteran in an increased rating claim).
The matter is REMANDED for the following action:
1. The AOJ should obtain all outstanding VA treatment and evaluation records.
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2. Schedule the Veteran for an examination to determine the current severity of his post herpetic neuralgia right axilla and right lateral chest. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file. The examiner should set forth all pertinent findings.  The examiner should indicate whether the service-connected disability is manifested by severe incomplete paralysis or complete paralysis.
 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Luby, Associate Counsel