Citation Nr: 20006741
Decision Date: 01/27/20	Archive Date: 01/27/20

DOCKET NO. 17-27 742
DATE: January 27, 2020

REMANDED

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

Entitlement to a compensable rating for hallux valgus, left foot, is remanded.

Entitlement to a compensable rating for seborrheic dermatitis is remanded.

Entitlement to a disability rating in excess of 10 percent for thoracolumbar spondylosis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 2005 to May 2014.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington.  Jurisdiction of this matter has since been transferred to the RO in St. Petersburg, Florida.

In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  This decision has been activated under the “one-touch” program, and as such, a transcript of the hearing will be associated with the claims file at a later date.  

At the January 2020 Board hearing, the Veteran asserted that his service-connected disabilities have increased in severity since his most recent VA examinations.

Generally, the passage of time since the most recent VA examination is not a valid basis, unto itself, to provide the Veteran with another VA examination.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181-83 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); VAOPGCPREC 11-95 (1995).  However, when a veteran indicates that his symptoms have increased in severity since the previous examination, a new VA examination is warranted.  Accordingly, new VA examinations should be afforded to the Veteran in this case.  See Snuffer, 10 Vet. App. at 403.

Finally, as this matter is being remanded, the Veteran’s updated VA treatment records should be obtained.  

The matters are REMANDED for the following action:

1. Make arrangements to obtain the Veteran’s complete VA treatment records, to include all emergency room records, dated from March 2017, forward.

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2. Thereafter, schedule the Veteran for appropriate VA examinations to assess the severity of his service-connected thoracolumbar spondylosis, left ankle strain, left foot hallux valgus, and seborrheic dermatitis.  The entire claims file must be reviewed by the examiners in conjunction with the examinations.  The examiners should confirm in the examination reports that he or she has reviewed the folder in conjunction with the examinations.  All examination findings, along with a complete rationale for all opinions expressed, must be set forth in the examination report(s).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. M. Stedman, Associate 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.