Citation Nr: 21067682 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 15-22 839 DATE: November 5, 2021 REMAND Entitlement to a compensable rating for ankylosis of the elbow under Diagnostic Code (DC) 5205 for the time period prior to December 28, 2019, and a 50 percent rating thereafter is remanded. Entitlement to a compensable rating for neuropathy of left arm associated under DC 8516 for the time period from March 5, 2011 to February 15, 2021, and a 30 percent rating thereafter is remanded. Entitlement to a rating in excess of 20 percent for impairment of supination and/or pronation of left forearm associated ankylosis of the elbow under DC 5213 since December 28, 2019, is remanded. Entitlement to a rating in excess of 10 percent for left elbow fracture with painful motion under DC 5206 since December 28, 2019, is remanded. Entitlement to a compensable disability rating for scars of the left forearm is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1998 to March 2011. This appeal comes before the Board of Veterans' Appeals (Board) from an April 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) (hereinafter agency of original jurisdiction (AOJ)). The Veteran testified before the undersigned Veterans Law Judge during a November 2018 video conference hearing. A transcript of the proceeding is of record. As a matter of background, in October 1998, the Veteran suffered a closed left forearm fracture of both bones while playing contact football. In October 1998, open reduction and internal fixation (ORIF) surgery was performed to correct the left forearm fracture. During the surgery, hardware was placed into the Veteran's left forearm to correct the fractures, Following the operation, surgical scars were noted. Following the October 1998 ORIF surgery, the Veteran was placed on limited duty, which expired in April 1999. In March 1999, limited range of motion of the wrist and elbow were noted, and the Veteran was prescribed a strengthening program for the left arm. Upon the expiration of the limited duty, the Veteran was found fit for full duty. Throughout his service, the Veteran was provided numerous physical examinations where the ORIF surgery and surgical scars on his left arm where noted. Additionally, in November 2000, the Veteran complained of intermittent forearm pain when lifting weights, which usually resolved within one day. On the same November 2000 report, the Veteran stated that his forearm strength was improving. In the February 2011 separation examination, the Veteran reported decreased left forearm function and chronic decreased mobility of the left forearm. Additionally, two 6-inch surgical scars on the left forearm were noted, as well as decreased left forearm pronation and supination. Also, a radiologist's report was submitted, where the no acute osseous abnormality with postsurgical changes of the left forearm were reported. The Board observes that this appeal stems, in part, from an April 2013 AOJ rating decision which granted service connection for residuals of closed fracture of the left forearm, and assigned an initial noncompensable rating effective March 5, 2011. This matter was previously before the Board in December 2018, at which time the issues were remanded for additional development. In particular, the Board noted that the lay and medical evidence demonstrated additional aspects of disability associated with the residuals of closed fracture of the left forearm that required further medical examination and opinion. As a result of the additional development, the AOJ assigned additional separate ratings for other aspects of disability not previously rated. The Board deems that the issues on appeal concern the appropriate rating for all residuals of closed fracture of the left forearm for the entire appeal period. As such, the Board finds that additional issues not addressed by the AOJ in the March 2021 supplemental statement of the case (SSOC) REASONS FOR REMAND 1. Entitlement to a compensable rating for ankylosis of the elbow under DC 5205 for the time period prior to December 28, 2019, and a 50 percent rating thereafter is remanded. 2. Entitlement to a compensable rating for neuropathy of left arm associated under DC 8516 for the time period from March 5, 2011 to February 15, 2021, and a 30 percent rating thereafter is remanded. 3. Entitlement to a rating in excess of 20 percent for impairment of supination and/or pronation of left forearm associated ankylosis of the elbow under DC 5213 since December 28, 2019, is remanded. 4. Entitlement to a rating in excess of 10 percent for left elbow fracture with painful motion under DC 5206 since December 28, 2019, is remanded. 5. Entitlement to a compensable disability rating for scars of the left forearm is remanded. The February 2021 VA examination references a 2010 electromyography (EMG) report where the Veteran was diagnosed with postoperative weakness, numbness, and tingling, as well as a left ulnar nerve neuropathy secondary to the fracture and surgery. The referenced 2010 EMG report is not of record. Therefore, a remand is needed to obtain this record and all available VA clinic records since service discharge. The Board next observes that the Board remanded this appeal in December 2018, in part, to evaluate whether the Veteran's surgical residuals involved any specific muscle groups. The 2021 examination generally described muscle herniation, but did not describe the specific muscle group(s) involved as directed by the Board. As such, additional examination on his aspect of disability is necessary. The matters are REMANDED for the following action: 1. Obtain the referenced 2010 EMG report completed at a VA hospital in California as well as all VA clinic records since service discharge. See February 2021 VA examination. See also VA Form 21-4138 received March 2013 (reporting active treatment at the VA Hospital in Fresno, CA. 2. After completing the development above, the Veteran should be afforded an appropriate examination to determine the nature and severity of any existing muscle disability resulting from the left forearm fracture. The examiner is asked to specifically review the surgical history for the left forearm fracture and identify all of the specific muscle groups involved, including identifying the muscle group for the herniated muscle described in the 2020 examination report. 3. After completing the above, the AOJ should readjudicate the claims based on the entirety of the record. If any benefit sough on appeal remains denied, the Veteran and his representative should be issued a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Patrick C. Brady, 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.