Citation Nr: 18153527
Decision Date: 11/28/18	Archive Date: 11/27/18

DOCKET NO. 15-07 762
DATE:	November 28, 2018
REMANDED
Whether the rating reduction was proper for service-connected left leg fasciotomy, anterior compartment, from 20 percent to 10 percent disabling, as of January 1, 2014, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1986 to August 1990.
Whether the rating reduction was proper for service-connected left leg fasciotomy, anterior compartment, from 20 percent to 10 percent disabling, as of January 1, 2014, is remanded.
A February 2013 rating decision proposed to reduce the Veteran’s rating for left leg fasciotomy, anterior compartment, and a February 2013 notice informed the Veteran of the 60-day period for the evidence submission and the right to request a predetermination hearing within 30 days.  A September 2013 rating decision implemented the reduction.
The Veteran is evaluated under 38 C.F.R. § 4.73, Diagnostic Code 5326-5312, 20 percent, effective December 19, 2008, and 10 percent since January 1, 2014.  The hyphenated diagnostic code in this case indicated that injury to Muscle Group XII under Diagnostic Code (DC) 5312 is the service-connected disorder, and extensive muscle hernia under (DC) 5326 is a residual condition.  See 38 C.F.R. § 4.27 (2017).
In a September 2012 VA examination, the Veteran complained of spontaneous squeezing pain in the lower legs, intermittent sharp pain in the hips that sometimes goes down to the legs, and intermittent foot pain and cramps.  The examiner noted that the Veteran admitted that he was not sure that these symptoms were related to the fasciotomies, and that he had not been given an explanation for the symptoms.  The Veteran stated that the condition had gotten worse in that the hip and foot pain was more frequent.  The examiner determined that the Veteran’s symptoms were unlikely to be caused or exacerbated by the anterior fasciotomy bilateral lower legs, and for that reason, the examiner indicated that the condition was asymptomatic.  The examiner also noted that additional evaluation by the Veteran’s primary care provider would be necessary to determine the cause of his symptoms.
VA treatment records from 2012 to 2013 demonstrated that the Veteran had left leg radicular pain, weakness in the left leg with walking, and pain across his back, which radiated to the left leg, numbness, and pain to the leg when he bended backwards or on prolong walking.
Based on the available evidence, the Board finds that a remand is necessary before a determination can be made on the Veteran’s claim.  Post-service VA medical treatment records from 2013 to the present have not been associated with the Veteran’s claims file.  Additionally, medical records demonstrating additional evaluation by the Veteran’s primary care provider have not been associated with the claims file to determine the cause of the left leg symptoms that the Veteran complained of at the September 2012 VA examination.  As such, a remand is necessary to obtain the missing files and afford the Veteran a new VA muscle examination.
The matter is REMANDED for the following action:
1. Obtain all outstanding VA and private treatment records, to include records from the Veteran’s primary care physician, and associate them with the claims file.
2. After obtaining all missing treatment records, schedule the Veteran for VA examination with an appropriate examiner to determine the nature, severity and extent of his left leg fasciotomy, anterior compartment disability.
3. Readjudicate the appeal.

 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	I. Warren, Associate Counsel