Citation Nr: 21004517 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 10-49 378 DATE: January 27, 2021 REMANDED Entitlement to an initial compensable evaluation for bilateral pes planus with left plantar fasciitis prior to February 23, 2010; in excess of 10 percent from February 23, 2010, to September 9, 2016; and in excess of 30 percent on or after September 9, 2016, is remanded. Entitlement to an initial evaluation in excess of 10 percent for varicose veins of the right leg is remanded. Entitlement to an initial evaluation in excess of 10 percent for varicose veins of the left leg is remanded. Entitlement to an initial compensable evaluation for right elbow cubital tunnel syndrome prior to September 9, 2016, is remanded. Entitlement to an initial compensable evaluation for right wrist carpal tunnel syndrome prior to September 9, 2016, is remanded. Entitlement to an evaluation in excess of 20 percent for right elbow cubital tunnel syndrome with right wrist carpal tunnel syndrome from September 9, 2016 is remanded. Entitlement to an initial compensable evaluation for left wrist carpal tunnel syndrome prior to September 9, 2016, and in excess of 20 percent, thereafter, is remanded. Entitlement to an initial compensable evaluation for left leg length discrepancy is remanded. Entitlement to an evaluation in excess of 10 percent for hiatal hernia with gastroesophageal reflex disease (GERD) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1982 to August 1986 and from October 1988 to May 2009. These matters come before the Board of Veterans’ Appeals (Board) on appeal from November 2009 and June 2010 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2019, the Board denied the Veteran’s claims for an initial compensable evaluation for bilateral pes planus with left plantar fasciitis prior to February 23, 2010, in excess of 10 percent from February 23, 2010, to September 9, 2016, and in excess of 30 percent on or after September 9, 2016; a rating in excess of 10 percent for bilateral varicose veins; an initial compensable evaluation for right elbow cubital tunnel syndrome prior to September 9, 2016; an initial compensable evaluation for right wrist carpal tunnel syndrome prior to September 9, 2016; an evaluation in excess of 20 percent for right elbow cubital tunnel syndrome with right wrist carpal tunnel syndrome from September 9, 2016; an initial compensable evaluation for left wrist carpal tunnel syndrome prior to September 9, 2016, and in excess of 20 percent thereafter; an initial compensable evaluation for left leg length discrepancy; and a rating in excess of 10 percent for hiatal hernia with gastroesophageal reflex disease (GERD). The decision also granted entitlement to service connection for left elbow cubital tunnel syndrome, sinusitis, rhinitis, hemorrhoids, and left heel plantar calcaneal spur; and remanded claims related to the lumbar spine, bilateral hips and knees, cervical spine, deviated septum, bilateral ankles, and bilateral hammertoes. The Veteran appealed the August 2019 Board decision to the United States Court of Appeals for Veterans Claims (CAVC). In a Joint Motion for Partial Remand (JMPR), the CAVC vacated and remanded the portion of the Board’s decision that denied the increased rating claims noted on the cover page because the Board erred when it found that all service treatment records (STRs) were obtained, and nevertheless remanded other claims to obtain any outstanding STRs. Additionally, the JMPR notes that the Board indicated that the Veteran continued to received treatment at Fort Belvoir Community Hospital and Bethesda Naval Hospital (now Walter Reed National Military Medical Center (WRNMMC)) with regard to the issues that the Board remanded in August 2019; however, the record reflects that the Veteran received treatment at these facilities for claims that the Board denied as well. Thus, the JMPR indicates that remand is warranted for the Board to obtain these records. The Board notes that development for these records has been initiated at the RO pursuant to the Board’s August 2019 remand but is not yet completed. As such, consistent with the terms of the JMPR, the Board is remanding each of these claims to the RO for completion of the previously ordered development and readjudication of the claims after the development is complete. The matters are REMANDED for the following action: 1. Obtain any outstanding service treatment records. It is noted that the claims file contains copies of service treatment records dated from March 1982 to December 2008; however, the Veteran has contended that her service treatment records are incomplete for her service through May 2009. 2. Contact the appropriate facility to request the identified records from Fort Belvoir Community Hospital and Walter Reed National Medical Center. All efforts to locate any of the requested records must be documented in the claims file and the Veteran notified accordingly of any negative response. 3. Thereafter, and after undertaking any additional development indicated by the record, readjudicate the claims. Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Hite, 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.