Citation Nr: 18156705 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 13-15 545 DATE: December 11, 2018 REMANDED Entitlement to an initial disability rating in excess of 20 percent for residuals of a left scapula fracture (excluding periods of temporary total evaluations) is remanded. Entitlement to an initial compensable disability rating for residuals of ruptured colon surgery prior to April 15, 2010 and in excess of 10 percent on or after April 15, 2010 (excluding periods of temporary total evaluations) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1988 to May 2008. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania, which granted service connection for a left scapula fracture and residuals of ruptured colon surgery and assigned each disability a separate noncompensable rating effective June 1, 2008. In a July 2010 rating decision, the RO increased the Veteran’s rating for his residuals of left scapula fracture to 20 percent effective June 1, 2008. In a June 2012 rating decision, the RO also increased the rating for the Veteran’s residuals of ruptured colon surgery to 10 percent effective April 15, 2010. In a May 2014 rating decision, the RO granted a temporary total evaluation for residuals of ruptured colon surgery from December 29, 2012 to January 31, 2013. The Board remanded this case in June 2015 for further development. In an April 2017 rating decision, the RO found that clear and unmistakable error existed in the effective date assigned for a temporary total evaluation for the Veteran’s residuals of ruptured colon surgery in the May 2014 rating decision. A temporary total evaluation was assigned with an earlier effective date of November 26, 2012. 1. Entitlement to an initial disability rating in excess of 20 percent for residuals of a left scapula fracture (excluding periods of temporary total evaluations) is remanded. 2. Entitlement to an initial compensable disability rating for residuals of ruptured colon surgery prior to April 15, 2010 and in excess of 10 percent on or after April 15, 2010 (excluding periods of temporary total evaluations) is remanded. In its June 2015 decision, the Board instructed the RO to obtain outstanding treatment records, specifically those from NH Yokosuka or any other military base in Japan. According to an April 2016 Authorization for Release of Information, the Veteran received treatment at Hashimoto Hospital. Review of the record reveals that that these private medical records have not been associated claims file. Additionally, in the April 2016 Authorization for Release of Information, the Veteran reported receiving treatment at the Atsugi City General Hospital, Rosai Hospital, Kitasato University Hospital, and Shonan Atsugi Hospital. While the Veteran has submitted some treatment records from these private treatment providers from NH Yokosuka, the record does not show that the RO attempted to obtain these records. Hence, a remand is required. See Stegall v. West, 11 Vet. App. 268, 270 (1998). The matters are REMANDED for the following action: 1. After requesting the required authorization from the Veteran, obtain all outstanding pertinent private treatment records, to include those from Hashimoto Hospital, Atsugi City General Hospital, Rosai Hospital, Kitasato University Hospital, and Shonan Atsugi Hospital. All attempts to obtain these records should be documented in the file. 2. Associate with the file all outstanding VA treatment records. 3. Obtain translations of all treatment records in Japanese to English. 4. After completing the above, to the extent possible, schedule the Veteran for VA examinations to determine the current severity of his residuals of a left scapula fracture and residuals of ruptured colon surgery by an appropriately qualified examiner. Provide the claims file, including a copy of this REMAND, to the examiner for review. All necessary tests and studies should be accomplished and all clinical findings reported in detail. The examiner for the Veteran’s left shoulder disability must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing of his left shoulder. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. To the extent possible, the examiner should identify any symptoms and functional impairments due to his residuals of a left scapula fracture. The examiner should also state whether the examination is taking place during a period of flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, precipitating and alleviating factors, severity and/or extent of functional impairment he experiences during a flare-up of his left shoulder symptoms and/or after repeated use over time. Based on the Veteran’s lay statements and the other evidence of record, the examiner should provide an opinion estimating any additional degrees of limited motion caused by functional loss during a flare-up or after repeated use over time. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Ko, Associate Counsel