Citation Nr: 18159150 Decision Date: 12/19/18 Archive Date: 12/18/18 DOCKET NO. 16-49 030 DATE: December 19, 2018 REMANDED Whether new and material evidence has been submitted sufficient to reopen the claim of entitlement to service connection for an acquired psychiatric disability, to include post-traumatic stress disorder and depression is remanded. Entitlement to service connection for lumbosacral strain claimed as back condition is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for frostbite left upper extremity is remanded. Entitlement to service connection for frostbite right upper extremity is remanded. Entitlement to an initial rating in excess of 10 percent for old trauma distal tuft status post dropped tent poles on right foot is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1984 to November 1987. This matter came before the Board of Veterans Appeals (Board) on appeal from February 2015, March 2017 and August 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The issue of service connection for left hand residuals of a bone chip was granted in a March 2017 rating decision. As this constituted a full grant of the issue on appeal, it is not before the Board. The Board acknowledges that the Veteran submitted a Rapid Appeals Modernization Program (RAMP) opt-in election form that was received by VA on August 14, 2018. However, this appeal had already been activated at the Board and is therefore no longer eligible for the RAMP program at this time. Accordingly, the Board will undertake appellate review of the case. The Board also acknowledges that the Veteran submitted an October 2018 RAMP opt-in form regarding a September 2018 rating decision’s denial of service connection for left ankle, left elbow, left foot, left hand, left knee, right ankle, right foot and right knee disabilities. Those issues were addressed in a December 2018 Higher-Level Review decision and are not before the Board. 1. Whether new and material evidence has been submitted sufficient to reopen the claim of entitlement to service connection for an acquired psychiatric disability, to include post-traumatic stress disorder and depression is remanded. The AOJ last adjudicated the issue of service connection for a psychiatric disability in an August 2017 SOC. Since that time, additional VA treatment records, including January 2018 mental health records, have been added to the claim file. A waiver of AOJ review was not submitted for those records. Accordingly, remand is necessary for the AOJ to consider the new evidence of record and issue an SSOC. A February 2017 Memorandum stated that the AOJ was unable to corroborate the Veteran’s claimed stressors, listing among the reasons that the Veteran had not submitted a medical diagnosis of PTSD from private records and also had not provided a 60-day period for research for his frostbite injury. Since that time, January 2018 VA treatment records containing a diagnosis of PTSD have been added to the record. The Board also notes that one of the Veteran’s stressors was a claimed frostbite injury during basic training at Fort Knox. Military personnel records document that the Veteran was stationed at Fort Knox for basic training from November 24, 1984 to February 2, 1985. The Veteran also provided a photograph, dated December 8, 1984, in which he contends that the white “frostbite patch” he was given after his injury is visible on his left shoulder. The Board therefore finds that the Veteran had clearly identified a time period for his claimed frostbite injury between November 24, 1984 and December 8, 1984. Remand for corroboration of the Veteran’s claimed stressor is therefore required. 2. Entitlement to service connection for lumbosacral strain claimed as back condition is remanded. 3. Entitlement to service connection for a right hip disability is remanded. 4. Entitlement to service connection for frostbite left upper extremity is remanded. 5. Entitlement to service connection for frostbite right upper extremity is remanded. The AOJ last adjudicated the issues of service connection for lumbosacral strain, a right hip disability and bilateral upper extremity frostbite in a March 2017 SSOC. Since that time, additional VA treatment records and an August 2018 VA hand examination which notes the Veteran’s Reynaud’s disease have been added to the claim file. A waiver of AOJ review was not submitted for those records. Accordingly, remand is necessary for the AOJ to consider the new evidence of record and issue an SSOC. The Veteran has not yet been afforded a VA examination regarding his bilateral upper extremity frostbite. VA treatment records document a diagnosis of Reynaud’s disease. The Veteran has also submitted a May 2015 lay statement that he got frostbite while on guard duty during basic training at Fort Knox and a photograph of himself with a white “frostbite patch” from December 1984, and military personnel records corroborate the Veteran’s basic training at Fort Knox from November 24, 1984 to February 2, 1985. The Board therefore finds that remand for a VA examination is required. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). 6. Entitlement to an initial rating in excess of 10 percent for old trauma distal tuft status post dropped tent poles on right foot is remanded. The AOJ last adjudicated the issue of an increased rating for the Veteran’s service connected right foot disability in July 2018 SSOC. Since that time, additional VA treatment records and an August 2018 VA foot examination have been added to the claim file. A waiver of AOJ review was not submitted for those records. Accordingly, remand is necessary for the AOJ to consider the new evidence of record and issue an SSOC. The matters are REMANDED for the following action: 1. Request credible supporting evidence of the Veteran’s claimed stressor(s) from all appropriate sources, to include the U.S. Army and Joint Services Records Research Center (JSRRC). The claimed stressors include the Veteran’s report of frostbite injury during basic training at Fort Knox between November 24, 1984 and December 8, 1984. 2. Obtain the Veteran’s VA treatment records for the period from June 2018 to the Present. 3. After the development in (1)-(2) above is complete, schedule the Veteran for an appropriate VA examination, to determine the etiology of any current bilateral upper extremity frostbite disability. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current bilateral upper extremity frostbite disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran’s active service. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran’s statements regarding his frostbite injury in basic training. 4. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Arnold, Associate Counsel