Citation Nr: 18100722
Decision Date: 04/19/18	Archive Date: 04/19/18

DOCKET NO. 13-25 362A
DATE:	April 19, 2018
ISSUES DECIDED:	0	ISSUES REMANDED:	5
 
REMANDED ISSUES
Entitlement to an initial compensable disability rating for an impairment of the left tibia and fibula; entitlement to an initial compensable disability rating for an impairment of the right tibia and fibula; entitlement to a separate compensable disability rating for a left knee disability; entitlement to a separate compensable disability rating for a right knee disability; and entitlement to an initial compensable disability rating for pseudofolliculitis barbae are remanded for additional development.
The Board notes that the issues of entitlement to a separate compensable disability rating for a left knee disability and entitlement to a separate compensable disability rating for a right knee disability rating were originally characterized as entitlement to service connection for a left knee condition and entitlement to service connection for a right knee condition, respectively.  Impairments of the left and right tibia and fibula are assigned disability ratings based on impairments of the knee and the leg. 38 C.F.R. § 4.71a, Diagnostic Codes 5256-5263.  If the Veteran were granted service connection for either knee, then he would be assigned a separate disability rating under Diagnostic Codes 5256-5263 as well.  The Board, however, must consider whether the Veteran is entitled to a compensable disability rating even if the Veteran had not filed for a separate compensable disability rating anyway, because impairments of the knee and the leg often are the subject of multiple disability ratings under Diagnostic Codes 5256-5263.  Therefore, the Board views the Veteran’s claims ultimately as a rating issue and has recharacterized the Veteran’s claims accordingly.    
The Veteran testified at a personal hearing before the Board in July 2017, and a transcript of the hearing is of record.  During the hearing, the Veteran claimed that his knee disabilities and his pseudofolliculitis barbae had increased in severity since his last VA examination.  See Transcript.  Therefore, these matters must be remanded in order to provide the Veteran with a VA examination evaluating the current severity of these conditions.
 
The matters are REMANDED for the following action:
1. Arrange to provide the Veteran with a VA examination in order to evaluate the current severity of the Veteran’s tibia/fibula and knee conditions as well as the current severity of his pseudofolliculitis barbae.
2. Then, readjudicate the claims on appeal.  If the benefits sought are not granted, provide the Veteran and his representative with a supplemental statement of the case and allow an appropriate opportunity to respond thereto before returning the case to the Board, if in order.
 
 
BARBARA B. COPELAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	David R. Seaton, Associate Counsel