Citation Nr: 18148496
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 16-30 178
DATE:	November 7, 2018
REMANDED
Entitlement to a disability rating higher than 10 percent for right ankle sprain with degenerative joint disease is remanded.
Entitlement to a disability rating higher than 10 percent for left ankle sprain with degenerative joint disease is remanded.
REASONS FOR REMAND
The Veteran had active service from September 1997 to September 2001.
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Regional Office (RO) rating decision dated August 2012, which granted service connection for bilateral ankle sprains with degenerative joint disease.  The RO assigned a 10 percent initial disability rating for each ankle.  The Veteran seeks higher ratings.  
In September 2017, the Veteran’s representative filed a notice of disagreement with the denial of service connection for posttraumatic stress disorder and sleep apnea.  He requested a Decision Review Officer review his case, and the RO has acknowledged that request.  In the ordinary course of business, a DRO will review his case and then provide him a Statement of the Case if appropriate.  At that point, he can perfect an appeal to the Board if he desires to do so, but the Board does not have jurisdiction over these claims at this time.
The Veteran underwent a VA examination for these conditions in June 2012.  In a written statement submitted with his VA Form 9 in June 2016, the Veteran’s attorney stated the current 10 percent ratings do not adequately reflect the Veteran’s functional limitations and that the Veteran has had “a worsening of symptomology” during the pendency of his appeal.  A new VA examination is warranted to determine the current symptoms and severity of his service-connected bilateral ankle condition.  Prior to ordering a new examination, the RO should update the claims file with any Tampa VA Healthcare System treatment records since December 2014 (the latest appearing in the electronic claims file), and attempt to obtain any private treatment records that may exist.  The Board notes the Veteran has moved within Florida during the pendency of this appeal, and therefore may have received treatment at other VA facilities. 
The matters are REMANDED for the following action:
1. Obtain and associate with the record the Veteran’s complete VA medical records from December 2014 to the present.  If there are no records at Tampa after that date, the RO should check the Orlando VAMC and associated clinics, as it appears the Veteran has moved closer to that medical facility.
2. Send the Veteran a letter asking him to identify and authorize VA to obtain all private treatment records from any provider from whom the Veteran has seen for any ankle-related conditions, and notifying him that, in the alternative, he can obtain these records and submit them to VA.
3. DO NOT schedule the VA examination until the above records have been obtained to the extent possible. 
4. Then, schedule the Veteran for a VA examination to address the current nature, symptoms, and severity of his service-connected bilateral ankle sprains with degenerative joint disease.  
 
MICHELLE L. KANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Leamon, Associate Counsel