Citation Nr: 20003541
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 18-12 049
DATE: January 16, 2020

REMANDED

Entitlement to a rating in excess of 10 percent for a left knee disability is remanded.

Entitlement to a compensable rating from June 7, 2016, for a left ankle disability is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1967 to July 1969, to include service in the Republic of Vietnam.  The Veteran was awarded the Purple Heart for his service.

Regarding the Veteran’s increased rating claims for his left knee disability and left ankle disability, the Veteran was last afforded VA examinations in October 2017.  In March 2018, the Veteran reported that he no longer had range of motion in his left knee or left ankle.  The Veteran’s medical records show that he underwent a left lower extremity amputation in June 2019, although it is unclear at what level the amputation was performed.  As such, a remand is necessary to afford the Veteran a new VA examination to assess the current severity of his left knee disability and left ankle disability.

Finally, VA has added medical evidence into the record since the Statement of the Case (SOC) dated in January 2018, including substantial treatment records.  All of this evidence is relevant and probative to the issues on appeal.  The claim must therefore be readjudicated in a Supplemental Statement of the Case (SSOC).  38 C.F.R. §§ 19.31, 20.1304(c).

The matters are REMANDED for the following action:

1. With any necessary identification of sources by the Veteran, obtain all outstanding VA and/or private medical records that pertain to the Veteran’s left knee disability and left ankle disability.

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2. Schedule the Veteran for a VA examination(s) to determine the current severity of his service-connected left knee disability and left ankle disability.  In so doing, the examiner should ensure to the extent possible, consistent with 38 C.F.R. § 4.59, that the report include results of active and passive motion, in addition to the results following repetitive motion testing.  If it is not possible to complete any of the range of motion testing described above, it should be explained.

3. Finally, issue the Veteran and his representative a SSOC.  The SSOC must include consideration of all evidence received since the January 2018 SOC.  Thereafter, return the case to the Board, if otherwise in order.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Berryman, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.