Citation Nr: 18131069
Decision Date: 08/30/18	Archive Date: 08/30/18

DOCKET NO. 15-44 117
DATE:	August 30, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for varicose veins of the right lower extremity is remanded.
INTRODUCTION
The Veteran served on active duty in the United States Army from December 1971 to December 1974. 
The Board notes that the Veteran’s claim of entitlement to service connection for degenerative joint disease of the right knee, right ankle post traumatic arthritis, and right foot hallux valgus was granted in an August 2015 rating decision.  As such, this issue is no longer on appeal and the Board does not have jurisdiction.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (holding that where an appealed claim for service connection is granted during the pendency of the appeal, a second notice of disagreement must thereafter be timely filed to initiate appellate review of the claim concerning "downstream" issues, such as the compensation level assigned for the disability and the effective date); see also 38 C.F.R. § 20.200 (2017).

REASONS FOR REMAND
The Veteran last underwent a VA examination in August 2015 for his varicose veins of the right lower extremity.  In the Appellant’s Brief, the Veteran's representative requested a new VA examination to assess the current severity of the varicose veins.  The Board interprets this statement as indicating that there has been a potential increase in varicose veins symptomology since August 2015.  As there is evidence of possible worsening varicose veins symptoms since the August 2015 examination, a new VA examination is warranted to determine the current severity of the Veteran’s varicose veins of the right lower extremity.
The matter is REMANDED for the following action:
1. Obtain updated VA and/or private treatment records to the extent possible.  If such records are unavailable, the Veteran’s claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e).
2. Schedule the Veteran for a VA medical examination to determine the current severity of his service-connected varicose veins of the right lower extremity.  The electronic claims file must be reviewed in conjunction with the examination.
The examiner should elicit a full history from the Veteran and consider and address any lay statements of record.  If there is a medical basis to support or doubt the history provided, the examiner should provide a fully reasoned explanation.
Any appropriate evaluations, studies, and testing deemed necessary by the examiner should be conducted, and the results included in the examination report.  

The examiner must also provide an assessment of the Veteran’s functional limitations due to his varicose veins of the right lower extremity as it may relate to his ability to function in a work setting and to perform work tasks.  However, the examiner should refrain from commenting on the Veteran’s employability.  A complete rationale should be given for all opinions and conclusions rendered.
3. Finally, readjudicate the appeal.  If the benefit sought on appeal remains denied, issue a supplemental statement of the case and return the case to the Board. 

 
G. A. WASIK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. A. Prinsen, Associate Counsel