Citation Nr: 19129652 Decision Date: 04/16/19 Archive Date: 04/16/19 DOCKET NO. 15-45 590 DATE: April 16, 2019 REMANDED Entitlement to a compensable rating for left foot hammer toes (second, third, and fourth toes) is remanded. Entitlement to a compensable rating for right foot hammer toes (second, third, and fourth toes) is remanded. Entitlement to a compensable rating for left foot hallux valgus is remanded. Entitlement to a compensable rating for right foot hallux valgus is remanded. Entitlement to a rating in excess of 10 percent for left heel residual fragment wound is remanded. Entitlement to a rating in excess of 10 percent for right heel residual fragment wound with retained metallic fragments is remanded. Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to July 7, 2017 and in excess of 50 percent thereafter is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Marine Corps from December 1954 to March 1972. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the Board at a hearing in January 2018. A transcript of the hearing is of record. Subsequently, the Board remanded the case in April 2018 for further development. The Board acknowledges in April 2018 the Veteran submitted VA Form 21-0958, Notice of Disagreement (NOD), with a March 2018 rating decision that denied claims involving an increased rating for diabetes mellitus and service connection for erectile dysfunction, hyperkeratosis, pes planus and plantar fasciitis, right wrist condition, and shoulder bursitis. The Board’s review of the claims file reveals the Agency of Original Jurisdiction (AOJ) is in the process of taking action on this NOD. As such, the Board will not take any further action on these matters, and they will only be before the Board if the Veteran timely files a substantive appeal after a statement of the case is issued. 1. All Claims In April 2018, the Board in part remanded all of the issues currently before the Board to obtain records from Naval Hospital Beaufort, private physician, Dr. Sinkoe, and Lawrenceville Vet Center. In November 2018 correspondence, the RO sent the Veteran a VA Form 21-4142 and VA Form 21-4142a, so the RO could obtain the necessary evidence. The Veteran did not return the forms. However, as Naval Hospital Beaufort is a uniformed services hospital, a VA Form 21-8359 is the proper VA form to obtain the records from that facility. Further, a review of the record illustrates that a VA Form 21-8359 for the evidence was completed by the Agency of Original Jurisdiction (AOJ) in January 2018. The January 2018 form reflects that the Veteran reported outpatient treatment at the facility from January 1, 2017 to September 1, 2017. However, in a February 2018 letter to Naval Hospital Beaufort, VA requested records from August 1, 2017 to August 31, 2017 and included a VA Form 21-8359 showing those dates of treatment. Naval Hospital Beaufort responded in March 2018 stating there are no records from August 1, 2017 to August 31, 2017. As the record indicates that Naval Hospital Beaufort searched only for records during August 2017 based on the AOJ’s February 2018 request, an additional remand and request for records is necessary for the period of January 1, 2017 to September 1, 2017, as the January 2018 VA Form 21-8359 indicates the Veteran may have had treatment there during this expanded time period. Furthermore, the Veteran did not provide authorization in response to the November 2018 VA correspondence requesting authorization to obtain records from Dr. Sinkoe and Lawrenceville Vet Center. As the case is being remanded anyway, the Veteran should be provided with another opportunity to authorize VA to obtain records from these providers. The matters are REMANDED for the following actions: 1. Obtain the records from Naval Hospital Beaufort (in Beaufort, South Carolina) for the period of January 1, 2017 to September 1, 2017, as shown in a January 2018 VA Form 21-8359. If any identified records cannot be obtained and it is determined that further attempts would be futile, such should be noted in the claims file and the Veteran and his attorney should be notified. 2. With any needed assistance from the Veteran, including securing from him a VA Form 21-4142 (Authorization and Consent to Release Information to VA) for each identified provider, obtain all records of the Veteran’s treatment for the issues listed in this remand during the period of claim, to specifically include all records of treatment from his private podiatrist (Dr. Sinkoe) and from Lawrenceville Vet Center (in Lawrenceville, Georgia). If any identified records cannot be obtained and it is determined that further attempts would be futile, such should be noted in the claims file and the Veteran should be notified so that he can make an attempt to obtain those records on his own behalf. 3. Obtain and associate with the claims file any updated VA treatment records from February 2019 to the present. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Breitbach, Associate Counsel