Citation Nr: 18153800
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 14-43 700
DATE:	November 28, 2018
REMANDED
Entitlement to an initial evaluation in excess of 60 percent from May 7, 2011 to February 24, 2013, and an initial evaluation in excess of 30 percent from February 25, 2013, for coronary artery disease is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Army from February 1971 to September 1972.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  
In the March 2013 rating decision, the RO granted service connection for coronary artery disease and assigned a 30 percent evaluation, effective May 7, 2011.
During the pendency of the appeal, the RO issued an April 2013 rating decision finding clear and unmistakable error in the evaluation of coronary artery disease; granting service connection for coronary artery disease and assigning a 60 percent evaluation, effective May 7, 2011; and assigning a 30 percent evaluation from February 25, 2013.  The Veteran continued to appeal for a higher initial evaluation for coronary artery disease.  AB v. Brown, 6 Vet. App. 35 (1993) (holding that a claimant is presumed to be seeking the maximum rating).  
1. Entitlement to an initial evaluation in excess of 60 percent from May 7, 2011 to February 24, 2013, and an initial evaluation in excess of 30 percent from February 25, 2013, for coronary artery disease is remanded.
Since the Veteran’s March 2014 VA examination, the record indicates that his coronary artery disease has worsened.  VA treatment records show that in September 2017, following a positive stress test, a cardiac catheterization demonstrated multi-vessel coronary artery disease.  As a result, in October 2017, the Veteran underwent a coronary artery bypass graft x 3.  VA is required to afford the Veteran a contemporaneous VA examination to assess the current nature, extent, and severity of his service-connected disability.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also 38 C.F.R. § 3.326(a).  As the evidence suggests that the Veteran’s coronary artery disease may have worsened since his last VA examination, a remand is required to determine the current severity of his service-connected disability.  
Moreover, since the November 2014 statement of the case (SOC) was issued, additional VA treatment records have been associated with the claims file.  A remand is required to issue a supplemental statement of the case that reflects consideration of the additional evidence association with the claims file since the November 2014 SOC.  38 C.F.R. §§ 19.37, 20.1304(c). 
The matter is REMANDED for the following actions:
1. Obtain all the Veteran’s outstanding treatment records for his coronary artery disease that are not currently of record.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected coronary artery disease.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.
The examiner should comment on the extent of any functional impairment caused by the Veteran's service-connected coronary artery disease, to include in an occupational setting and in performing ordinary, daily activities.
3. Readjudicate the claim for a higher initial evaluation for coronary artery disease with consideration of the additional evidence associated with the claims file since the November 2014 SOC, including VA treatment records since March 2014.  
 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Journet Shaw