Citation Nr: 21063164
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 18-43 945
DATE: October 13, 2021

REMANDED

Entitlement to an evaluation in excess of 20 percent for painful scars of the right shoulder, right calf, and left leg is remanded.

Entitlement to a compensable evaluation for linear scars of the right shoulder, right calf, and left leg is remanded.

Entitlement to an evaluation in excess of 20 percent for left leg shell fragment wound (SFW) anterior and posterior scars with retained foreign bodies and damage to Muscle Groups (MG) XI and XII is remanded.

Entitlement to an evaluation in excess of 10 percent for right leg SFW surface scar with retained body and damage to MG XI is remanded.

Entitlement to an evaluation in excess to 10 percent for SFW residuals lower angle, right scapula with damage to MG I and IV is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1967 to June 1969.  His awards include the Combat Infantryman Badge (CIB).  This appeal comes before the Board of Veterans' Appeals (Board) from rating decisions rendered in September 2017 and November 2017.

In July 2021, the Veteran testified at a Board virtual hearing at the Agency of Original Jurisdiction (AOJ) before the undersigned Veterans Law Judge (VLJ).  A transcript of this hearing is associated with the electronic claims file.

1. Entitlement to an evaluation in excess of 20 percent for painful scars of the right shoulder, right calf, and left leg is remanded.

2. Entitlement to a compensable evaluation for linear scars of the right shoulder, right calf, and left leg is remanded.

3. Entitlement to an evaluation in excess of 20 percent for left leg SFW anterior and posterior scars with retained foreign bodies and damage to MG XI and XII is remanded.

4. Entitlement to an evaluation in excess of 10 percent for right leg SFW surface scar with retained body and damage to MG XI is remanded.

5. Entitlement to an evaluation in excess to 10 percent for SFW residuals lower angle, right scapula with damage to MG I and IV is remanded.

During the July 2021 Board virtual hearing, the Veteran asserted that his service-connected scar and SFW disabilities have increased in severity since he was last examined by VA in October 2017 and August 2019.  The Veteran should be provided an opportunity to report for VA examinations to ascertain the current severity and manifestations of his service-connected scar and SFW disabilities.

Evidence of record further reflects that the Veteran received VA medical treatment for his service-connected scar and SFW disabilities from the Cleveland Clinic and Cleveland VAMC.  As evidence of record only includes treatment records dated up to October 2019 from those facilities, all pertinent VA treatment records should be obtained and properly associated with the record.  38 U.S.C. § 5103A(c) (2012); see also Bell v. Derwinski, 2 Vet. App. 611 (1992).

The matters are REMANDED for the following actions:

1. Obtain updated treatment records pertaining to the Veteran's service-connected scar and SFW disabilities from the Cleveland Clinic and Cleveland VAMC dated from October 2019 to present.

2. Schedule the Veteran for VA examinations by appropriate clinicians to determine the current severity of his service-connected painful and linear scars of the right shoulder, right calf, and left leg as well as SFW residuals of the right leg, left leg, and right scapula.  The examiner should provide a full description of each disability and report all signs and symptoms necessary for evaluating the Veteran's disabilities under the applicable rating criteria.

3. After completing the above actions and any other necessary development, the claims on appeal must be re-adjudicated, taking into consideration all relevant evidence associated with the record since the July 2018 SOC.  If any benefit on appeal remains denied, a SSOC must be provided to the Veteran and his representative. After the Veteran has had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. D. Deane, 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.