Citation Nr: 20005653
Decision Date: 01/23/20	Archive Date: 01/23/20

DOCKET NO. 13-24 816
DATE: January 23, 2020

REMANDED

Entitlement to a disability rating in excess of 20 percent for status post rupture, left Achilles’ tendon, with limitation of motion and surgical ulcer is remanded.

Entitlement to a compensable rating for left achilles tendon scar is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1977 to February 1981.

This matter comes before the Board of Veterans’ Appeals (Board) from a September 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified at a hearing with the undersigned in May 2016.  A transcript of that hearing has been added to the Veteran’s file.  This issue was previously remanded by the Board in August 2016 and has since been returned for further adjudication.

Remand is necessary to obtain outstanding VA treatment records.  Since the last adjudication by the RO, the Veteran identified outstanding VA treatment records and requested these records be obtained and considered.  See September 2018 Statement in Support of Claim.  As such, the claim is remanded so that updated records can be obtained.  

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to his left Achilles tendon disability and scar.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 

2. Based on a review of any records added to the file, consider whether a worsening of either disability is suggested.  If so, additional examination should be scheduled.  

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Shuster, Attorney Advisor

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.