Citation Nr: 21067316
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 19-03 465A
DATE: November 3, 2021

REMANDED

Entitlement to an earlier effective date, prior to June 23, 2016, for degenerative arthritis with recurrent subluxation of the left knee is remanded.

Entitlement to an earlier effective date, prior to June 23, 2016, for pes planus is remanded.

Entitlement to a compensable rating for pes planus is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from December 1985 to December 1989.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in July 2017 by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran appeared for a hearing before the undersigned Veteran's Law Judge. A transcript of the hearing is of record.

In the course of the July 2021 Board hearing, the Veteran contended that he had a back disability that was related to his service connected pes planus. Since the time of the Veteran's hearing, the Veteran sought service connection for this disability. As that claim is the subject of a separate rating decision, the Board does not find that the issue is raised with this appeal.

1. & 2. Entitlement to an earlier effective date, prior to June 23, 2016, for both degenerative arthritis with recurrent subluxation of the left knee and pes planus is remanded.

During the Veteran's July 2021 Board hearing, the Veteran testified that he began receiving treatment from the VA for his left knee disability and his pes planus immediately after leaving service. The Veteran separated from service in December 1989. In the Veteran's claims file, the earliest VA treatment records are from April 2011. 

As the Veteran may have expressed an intent to file a service connection claim for these issues in his VA treatment records between December 1989 and April 2011, the Board finds that a decision on an earlier effective date for his left knee injury and pes planus cannot be made until said records are obtained. Thus, a remand is warranted.

3. Entitlement to a compensable rating for pes planus is remanded.

Finally, because a decision on the issue of entitlement to an earlier effective date for pes planus could significantly impact a decision on the issue of entitlement to a compensable rating for pes planus, the issues are inextricably intertwined.  Accordingly, a remand of the claim for a compensable rating for pes planus is required.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from December 1989 to April 2011 and associate them with the claims file.

2. With any necessary assistance from the Veteran, obtain private treatment records regarding the Veteran's immediate post-service treatment for his knee disability and his pes planus.

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to a compensable rating for pes planus. If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. K. Hall, 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.