Citation Nr: 20031735
Decision Date: 05/06/20	Archive Date: 05/06/20

DOCKET NO. 13-22 795
DATE: May 6, 2020

REMANDED

Entitlement to a compensable disability rating prior to April 12, 1999 and higher than 10 percent from July 24, 2019 for residuals of fractured right leg (claimed as fractured left leg) is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1970 to November 1971.  

This matter come to the Board of Veterans’ Appeals (Board) on appeal from a rating decision dated in October 2010.  This matter was previously before the Board in June 2015 and September 2017, at which time they were remanded for additional development.  

The Veteran testified at a hearing before the undersigned Veterans Law Judge in August 2017.  At that time, the Veteran also testified as to the issue of validity of debt which was previously remanded and is not currently before the Board. 

Entitlement to a compensable disability rating prior to July 24, 2019, and higher than 10 percent thereafter, for residuals of residuals of fractured right leg is remanded.

This matter was previously remanded to obtain an adequate VA examination.  Although a new VA examination was obtained in July 2019, that VA examination was inadequate.  

The VA examiner determined that the service-connected residuals of fractured right leg included the right knee, but the examiner appeared to base that opinion on information not supported by the most probative evidence of record.  For example, the VA examiner found that the knee was a residual based on the Veteran’s report of an antalgic gait since his service in 1971, but medical records do not support such a gait until decades after 1971 (see March 2000 VA examination, May 2000 VA medical record).  The VA examiner also did not appear to consider the contrary findings of the prior VA examiners from July 2010 and September 2015.  Furthermore, following the VA examination, the RO associated additional VA medical records that are relevant to the claim and should be considered.  As such, an adequate medical opinion is necessary to determine what residuals should be rated as part of the service-connected fractured right leg.

The matters are REMANDED for the following actions:

1.  Obtain any unassociated VA medical records.   

2.  Obtain an adequate VA medical opinion to determine the residuals of the fractured right leg.  If a new VA examination is necessary, to include to determine the current severity of his residuals, one should be obtained.  

The examiner should provide a full description of the residuals of the fractured right leg.  The VA examiner should perform a full claims file review, to include of prior VA examinations, including from March 2000, March 2005, July 2010, September 2015 (for the knees and ankles), and July 2019.  

The VA examiner should also consider service treatment records and VA medical records, such as from April 1999 and May 2000, and lay evidence, such as the August 2017 Board hearing testimony.  

A full explanation for any opinion reached should be provided.  To the extent possible, the examiner should reconcile his/her findings with those of prior VA examiners.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lindio

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.