Citation Nr: 18153777
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 16-53 113
DATE:	November 28, 2018
REMANDED
Entitlement to an initial compensable rating prior to June 23, 2016, and to a rating in excess of 10 percent beginning June 23, 2016, for a left ankle/fibula disability is remanded.
REASONS FOR REMAND
The Veteran had active service in the United States Marine Corps (USMC) from March 1989 to December 1989 and from December 1990 to September 1991.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) Salt Lake City, Utah.   
In an August 2016 rating decision, the Veteran was assigned a 10 percent rating for his left ankle/fibula disability, effective June 23, 2016.  That was not a complete grant of the benefit sought on appeal.  However, the Board has limited its consideration accordingly.
The Board notes that the Veteran submitted a timely notice of disagreement with the January 2014 denial of entitlement to service connection for right ear hearing loss disability.  The Veteran was issued a statement of the case addressing that issue in August 2016.  However, in his October 2016 substantive appeal, the Veteran specifically limited his appeal to the issue listed above.  Therefore, the Board has limited its consideration accordingly.  
The Board notes that the Veteran has also perfected an appeal of the issues of entitlement to an increased rating for left ear hearing loss disability and of entitlement to an increased rating for limitation of left hip flexion.  However, the Veteran has requested that he be afforded a hearing before a member of the Board with respect to those issues.  As such, the Board has deferred adjudication of those issues and they will be the subject of a subsequent Board decision.  
Increased Rating – Left Ankle/Fibula Disability   
The Board finds that additional development is required before a decision is made.  
In March 2017, the Veteran was afforded a VA examination to access the severity of his service-connected left ankle disability.  A review of that examination report shows that the findings reported are not in compliance with the requirements outlined in Sharp v. Shulkin, 29 Vet. App. 26 (2017).  Therefore, the Veteran should be afforded a new VA examination to determine the currently level of severity of all impairment resulting from his left ankle disability.
Additionally, current treatment records should be identified and obtained before a decision is made regarding the issue listed above.        
The matter is REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.  
2. Then, schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from his left ankle/fibula disability.  The claims file must be made available to, and reviewed by the examiner.  Any indicated studies should be performed.  The examiner should provide all information required for rating purposes, to include all information required by Correia and Sharp.
3. Confirm that the VA examination report comports with this remand, and undertake any other development determined to be warranted.  
4. Then, readjudicate the issue on appeal.  If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. O’Donnell, Associate Counsel