Citation Nr: 20041344
Decision Date: 06/17/20	Archive Date: 06/17/20

DOCKET NO. 15-43 397
DATE: June 17, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for residuals of right wrist fracture with traumatic arthritis excluding temporary total ratings is remanded. 

REASONS FOR REMAND

The Veteran served honorably in the Army from June 1970 to June 1973. 

This matter comes before the Board of Veterans’ Appeals (Board) from a January 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for right wrist condition, status post fracture and fusion with a temporary evaluation of 100 percent effective April 17, 2013 and an evaluation of 10 percent assigned from January 8, 2014. In an August 2014 rating decision, a temporary 100 percent rating was assigned effective June 24, 2014 and a 10 percent rating was assigned from September 1, 2014. 

In a May 2020 rating decision, TDIU was granted effective April 17, 2013 the date of receipt of the claim for TDIU based on all service-connected disabilities and the date of receipt of the claim for residuals of right wrist.

Entitlement to an initial rating in excess of 10 percent for residuals of right wrist fracture with traumatic arthritis excluding temporary total ratings is remanded.

In July 2014, the Veteran requested review of his records at VAMC Asheville. He explained that he had undergone unsuccessful surgical procedures in April and November 2013, and a third surgical procedure was completed on June 24, 2014 involving his right wrist. See July 2014 VA 21-4138. The surgical records are not associated with the Veteran’s claims file. 

Recognition is given to the August 2014 decision that, in assigning a temporary rating based on the June 2014 surgery, indicated that records from the VAMC Asheville had been considered. There was some discussion of those records. However, the claim file is void of any treatment records from 2014 to the present. Such frustrates appellate review. 

Accordingly, a remand is necessary to obtain all outstanding treatment records. 

The matters are REMANDED for the following action:

Obtain the Veteran’s complete VA or VA-contracted treatment medical records. Such should include records that pertain to the Veteran’s right wrist surgery in June 2014. 

If it is determined that there are no VA or VA-contracted treatment records available, an inquiry should be made as to whether the Veteran receives treatment for his wrist from a non-VA healthcare provider.  Efforts should then be made to obtain the identified records.

In either instance, if such efforts yield negative results, a notation to that effect should be inserted in the file. The Veteran must also be informed of any unobtainable treatment medical records.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Smith, 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.