Citation Nr: 21068714 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 16-11 222 DATE: November 12, 2021 REMANDED Entitlement to an increased disability rating in excess of 20 percent for post traumatic arthritis, right elbow with residual scars and partial neuropathy, is remanded. Entitlement to an initial disability rating in excess of 10 percent for limitation of flexion of the right forearm due to post traumatic arthritis, right elbow, is remanded. Entitlement to an initial compensable disability rating for limitation of extension of the right forearm due to post traumatic arthritis, right elbow, is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Marine Corps from September 1986 to October 1992. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision. In decisions dated in September 2018 and April 2021, the Board remanded the case to the agency of original jurisdiction (AOJ) for additional development and adjudication. The case has since been returned to the Board for appellate review. The record shows that the Veteran filed an increased rating claim for his service-connected post traumatic arthritis, right elbow with residual scars, on March 21, 2012. In the August 2013 rating decision on appeal, the AOJ added a diagnosis of partial neuropathy and recharacterized the disability as post traumatic arthritis, right elbow with residual scars and partial neuropathy. The AOJ then continued the disability rating at 20 percent. The AOJ also granted entitlement to a separate 10 percent evaluation for limitation of flexion of the right forearm due to post traumatic arthritis, right elbow, effective from March 21, 2012; and a separate noncompensable evaluation for limitation of extension of the right forearm due to post traumatic arthritis of the right elbow effective from March 21, 2012. The Board notes that the Veteran identified the initially assigned noncompensable evaluation for limitation of extension of the right forearm in his October 2013 notice of disagreement, and the prior Board decisions only listed this issue as being on appeal. However, this issue as well as the Veteran's separate ratings for post traumatic arthritis, right elbow with residual scars and partial neuropathy; and limitation of flexion of the right forearm are encompassed in the Veteran's increased rating claim for his right elbow disability. As such, the Board has included these issues in the current appeal. 1. Entitlement to an increased disability rating in excess of 20 percent for post traumatic arthritis, right elbow with residual scars and partial neuropathy, is remanded. 2. Entitlement to an initial disability rating in excess of 10 percent for limitation of flexion of the right forearm due to post traumatic arthritis, right elbow, is remanded. 3. Entitlement to an initial compensable disability rating for limitation of extension of the right forearm due to post traumatic arthritis, right elbow, is remanded. In response to the Board's September 2018 remand, the Veteran was provided with a January 2020 VA examination to evaluate his right elbow disability. Although the examiner completed an Elbow and Forearm Conditions Disability Benefits Questionnaire (DBQ), the examiner did not complete a Peripheral Nerves Conditions DBQ with specific neurological findings to allow the Board to determine whether a separate rating is warranted for the partial neuropathy that has been included in the Veteran's disability. See Barr v. Nicholson, 21 Vet. App. 303, 309 (2007). Accordingly, the Board finds that a remand is warranted to obtain an additional VA examination that provides findings for all relevant manifestations of the Veteran's right elbow disability. The matters are REMANDED for the following action: 1. The AOJ should request that the Veteran provide the names and addresses of any health care providers who have provided treatment for his right elbow disability that have not yet been associated with the record. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. The AOJ should also secure any outstanding VA medical records, to include records dated since April 2021. 2. After completing the preceding development in paragraph 1, the Veteran should be afforded a VA examination that addresses the current severity and manifestations of his post traumatic arthritis, right elbow with residual scars and partial neuropathy. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file and to comment on the severity of the Veteran's service-connected disability. It should be noted that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptoms. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. The examiner should report all signs and symptoms necessary for rating the right elbow disability under the rating criteria. In particular, the examiner should provide the range of motion in degrees and test the range of motion in (1) active motion, (2) passive motion, (3) weight-bearing, and (4) nonweight-bearing. This testing must be conducted for both the joint in question and any paired joint. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why this is so. The examiner should also indicate whether there is any ankylosis, flail false joint, or other impairment of the elbow, radius, or ulna. He or she should also state whether there is any impairment of supination or pronation. The presence of objective evidence of pain, excess fatigability, incoordination, and weakness should also be noted, as should any additional disability (including limitation of motion) due to these factors. In addition, based on examination results and the Veteran's documented history and assertions, the examiner should indicate whether, and to what extent, the Veteran experiences functional loss due to pain and/or any of the other symptoms noted above during flare-ups and/or with repeated use; to the extent possible, the examiner should express any such additional functional loss in terms of additional degrees of limited motion. In this regard, even if the Veteran is not experiencing a flare-up at the time of the examination, the examiner must elicit relevant information as to the Veteran's flares or ask him to describe the additional functional loss, if any, he suffers during flares and then estimate the Veteran's functional loss due to flares based on all the evidence of record-including the Veteran's lay information-or explain why he or she could not do so. The examiner is also asked to complete a Peripheral Nerves Conditions Disability Benefits Questionnaire to evaluate the partial neuropathy that has been associated with the Veteran's right elbow disability. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. 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. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.C. Spragins, 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.