Citation Nr: 19123768
Decision Date: 04/02/19	Archive Date: 03/29/19

DOCKET NO. 15-14 534A
DATE:	April 2, 2019

REMANDED

Entitlement to a rating in excess of 10 percent for a right elbow disability is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Marine Corps (USMC) from April 1969 to October 1969. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.

In connection with this appeal, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in December 2018 and accepted that hearing in lieu of an in-person hearing before a member of the Board.  A transcript of the hearing is of record. 

Increase Rating – Right Elbow Disability 

The Board finds that additional development is required before the claim on appeal is decided.  

At his December 2018 Board hearing, the Veteran reported that the symptoms of his right elbow disability had increased in severity since his last VA examination.  A review of the record shows that the Veteran was last afforded a VA examination in May 2013.  As the evidence of record indicates that the Veteran’s right elbow disability may have increased in severity since that time, the Board finds that the Veteran should be afforded a VA examination to determine the current level of severity of all impairment resulting from his service-connected right elbow disability.    

Additionally, current treatment records should be identified and obtained before a decision is made in this case.

The matter is REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his right elbow disability.  The claims file must be made available to and reviewed by the examiner.  Any indicated studies should be performed.  The examiner must provide all information required for rating purposes.

3. Confirm that the VA examination report comports with this remand and undertake any other development determined to be warranted.





 

4. Then, readjudicate the issue on appeal.  If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Christina Quant, Law Clerk