Citation Nr: 20060779 Decision Date: 09/15/20 Archive Date: 09/15/20 DOCKET NO. 16-33 932 DATE: September 15, 2020 REMANDED Entitlement to a compensable rating for residuals of fracture of right radial head with limited extension is remanded. Entitlement to an initial compensable rating for residuals of fracture of right radial head with limited supination/pronation is remanded. REASONS FOR REMAND The Veteran had active service from March 1964 to May 1968. The Board notes that the Veteran is in receipt of two separate ratings for his right elbow/forearm disability as characterized above. He perfected an appeal for higher evaluations for both ratings and presented testimony before the undersigned during a June 2019 Board hearing.   Issues 1-2: Entitlement to a compensable rating for residuals of fracture of right radial head with limited extension, and entitlement to an initial compensable rating for residuals of fracture of right radial head with limited supination/pronation. The Veteran was last afforded a VA examination in January 2015. During his June 2019 Board hearing, the Veteran indicated that his service-connected residuals of fracture of right radial head increased in severity since his last examination. He noted that he had fairly constant pain, flare-ups, and experienced locking in the forearm on several occasions. Thus, the Veteran should be afforded a VA examination to determine the current level of severity of his service-connected residuals of fracture of the right radial head. During the June 2019 Board hearing, the Veteran indicated that he has received private and VA treatment for his service-connected elbow/forearm disability. On remand, any pertinent outstanding treatment records should be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Contact the Veteran and ask him to identify all outstanding pertinent treatment records. With the Veteran’s assistance obtain all outstanding treatment records, VA or private. All attempts associated therewith should be memorialized in the Veteran’s claims file. The RO must make at least two attempts to obtain any private records identified, unless the first attempt demonstrates that any further attempts would be futile. If private records are identified, but not obtained, the RO must notify the Veteran of (1) the identity of the records sought, (2) the steps taken to obtain them, (3) that the claim will be adjudicated based on the evidence available, and (4) that if the records are later obtained the claim may be readjudicated. 2. Schedule the Veteran for an examination to address the current level of severity of his service-connected residuals of fracture of right radial head with limited extension and service-connected residuals of fracture of right radial head with limited supination/pronation. The claims file must be made available to the examiner for review in conjunction with conducting the examination of the Veteran. The examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the disabilities under the rating criteria. The examiner is asked to report range of motion findings that are painful on active use, passive use, in weight-bearing, and non-weight-bearing. To the extent possible the examiner also must estimate any additional functional loss caused by the Veteran’s flare-ups. The examiner must attempt to elicit information regarding the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment of flares to include the degree of functional loss during flare-ups from the Veteran himself. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due   to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), or a deficiency in the record (additional facts are required). ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Mac, 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.