Citation Nr: 21003792 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 16-04 899 DATE: January 22, 2021 REMANDED Entitlement to an increased rating in excess of 10 percent for residuals of a right fibula fracture, to include limitation of motion of the ankle, is remanded. Entitlement to an increased rating in excess of 10 percent for right eye optic neuropathy with visual field defect is remanded. Entitlement to a total disability based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1964 to March 1986. These matters are on appeal to the Board of Veterans’ Appeals (Board) from an April 2013 rating decision. A hearing was held by the undersigned Veterans Law Judge in November 2020; a transcript is in the claims file. The Board notes that the VA Form 8 associated with these issues also includes claims of increased ratings for residuals of a scar perianal abscess and chronic cholelithiasis. However, as the Veteran did not indicate he was appealing those two issues on his submitted VA Form 9, those issues are not currently on appeal and not within the jurisdiction of the Board. 1. Increased rating – residuals of a right fibula fracture, to include limitation of motion of the right ankle The Veteran’s residuals of a fibula fracture are rated at 10 percent disabling from February 25, 2005 to December 17, 2014. In a January 2015 rating decision, he became service connected for right ankle limitation of motion due to his right fibula fracture as of December 17, 2014 rated also at 10 percent disabling. The Veteran contends his fracture residuals have worsened since his last VA examination in October 2017. In his hearing, he explained that his disability is progressively worsening. Despite wearing an ankle brace and hip brace, and using a cane constantly and a walker outside, he has fallen several times in the past 3 years which is reflected by his medical records. He stated his leg or ankle swells and gives out 3 to 4 times weekly. When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. Snuffer v. Gober, 10 Vet. App. 400 (1997); see also Bolton v. Brown, 8 Vet. App. 185, 191 (1995) (VA must provide a new examination where a veteran claims the disability is worse than when originally rated and the available evidence is too old to adequately evaluate the current severity); Caffrey v. Brown, 6 Vet. App. 377, 381 (1995). Here, the Veteran expressly indicated his disability has worsened. Thus, the remand is appropriate for a new examination. 2. Increased rating – right eye optic neuropathy with visual field defect The Veteran is currently assigned a 10 percent rating for his right eye disability. He contends his disability has worsened since his last VA examination in October 2017. In his hearing, he stated his eye has worsened every year for the past 3 years. At times, he can hardly see out of his right eye, and his lack of peripheral vision in the lower half of his eye has increased to a little over half, indicating his visual field has worsened. This impacts his ability to keep his balance and walk at night, on uneven ground, or in unfamiliar places. When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. Snuffer, 10 Vet. App. 400; see also Bolton, 8 Vet. App. at 191; Caffrey, 6 Vet. App. at 381. Here, the Veteran expressly indicated his disability has worsened. Thus, the remand is appropriate for a new examination. 3. TDIU The record reflects the issue of entitlement to a TDIU is part and parcel to his increased rating claims. See Rice v. Shinseki, 22 Vet. App. 447 (2009). As the issue of whether he is entitled to a TDIU is potentially contingent on the disability ratings of the service-connected disabilities currently being remanded, his TDIU claim is inextricably intertwined with them and must be remanded as well. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered). The matters are REMANDED for the following action: 1. The Veteran has indicated he has undergone recent treatment at Hampton VAMC; as the most current records are from October 2019, records must be obtained from October 2019 to the present. 2. Schedule a VA examination to determine the current severity of the Veteran’s residuals from a right fibula fracture, to include limitation of motion of the ankle. The Veteran also indicated in his hearing that he has a left hip disability secondary to his right fibula fracture. Thus, in addition to the above, the examiner must also identify whether the Veteran has a left hip disability and if it is caused OR aggravated by his prior right fibula fracture. 3. Schedule a VA examination to determine the current severity of the Veteran’s right eye disability. L.M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Carroll, 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.