Citation Nr: 18157694
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 17-04 879
DATE:	December 14, 2018
REMANDED
The claim of entitlement to a rating for residuals of left tibia/fibula fracture, separate from left knee disability, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1973 to July 1977.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a rating decision by a U.S. Department of Veterans Affairs (VA) regional office (RO).
The Veteran injured his left leg during service.  Medical evidence indicates that, as the result of a car accident, he damaged the left knee patella and fractured his lower tibia and fibula.  He is service connected for residuals of total knee arthroplasty and for left ankle disability.  He asserts entitlement to a separate rating for the lower leg fracture.  
The issue on appeal must be remanded for the following reasons.  
First, the RO included in the claims file relevant medical evidence following issuance of the December 2016 Statement of the Case (SOC) and prior to the June 2017 certification of appeal and transfer of the case, which the Board received in March 2018.  Specifically, following the SOC, the RO included in the claims file VA treatment records dated until March 2018, VA compensation examination reports addressing the left leg dated in March 2017, October 2017, and March 2018, and lay assertions from the Veteran indicating worsening left leg disability.  Further, during this period, the RO granted service connection for left ankle disability, secondary to the disability on appeal.  A Supplemental SOC (SSOC) addressing this new evidence has not been issued to the Veteran.  Further, neither he nor his representative has waived initial review by the agency or original jurisdiction.  Under these circumstances, it is appropriate that the RO readjudicate the claim on appeal and, if warranted, issue a SSOC to the Veteran and his representative.  See 38 C.F.R. §§ 19.31, 20.1304 (2018).
Second, the claim on appeal is intertwined with claims pending before the RO.  In February 2018, the Veteran filed an increased rating claim for total left knee arthroplasty, and filed a service connection claim for chronic pain syndrome secondary to left leg disability.  These claims may affect the sole issue before the Board – whether a separate rating is warranted for residuals of tibia/fibula fracture.  See 38 C.F.R. § 4.71a, Diagnostic Codes 5256-63 (2018).  As such, the claims should be decided together.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (noting that two issues are inextricably intertwined when the adjudication of one issue could have significant impact on the other issue).
The matter is REMANDED for the following action:
1. Undertake appropriate development to obtain any outstanding records pertinent to the claim, to include any outstanding VA treatment records, the most recent of which are dated in March 2018.  All records/responses received must be associated with the claims file.
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2. Readjudicate the claim on appeal once the intertwined issues regarding residuals of total knee arthroplasty and chronic pain syndrome are finally decided or appealed to the Board.  If any benefit sought remains denied, issue a SSOC to the Veteran and his representative.
 
G. A. WASIK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher McEntee, Counsel