Citation Nr: 21069286 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 14-29 183A DATE: November 18, 2021 REMANDED Entitlement to service connection for a bilateral hearing loss disability is remanded. Entitlement to service connection for hemorrhoids is remanded. Entitlement to service connection for a skin disability is remanded. Entitlement to a compensable initial rating for hypertension is remanded. Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD)and bipolar disorder is remanded. Entitlement to an initial rating in excess of 10 percent for right elbow lateral epicondylitis is remanded. Entitlement to an initial rating in excess of 10 percent for left elbow lateral epicondylitis is remanded. Entitlement to an initial rating in excess of 20 percent for a chronic lumbosacral strain is remanded. Entitlement to an initial rating in excess of 10 percent for a chronic right knee strain is remanded. Entitlement to an initial rating in excess of 10 percent for a chronic left knee strain is remanded. Entitlement to an initial rating in excess of 10 percent for bilateral pes cavus, status post fracture right 5th metatarsal, and chronic left foot strain prior to July 14, 2021 is remanded. Entitlement to an initial rating in excess of 30 percent for bilateral pes cavus, status post fracture right 5th metatarsal, and chronic left foot strain since July 14, 2021 is remanded. REASONS FOR REMAND The Veteran had active service from February 2003 to July 2010. These matters are before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2017, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a video conference hearing. A transcript of his testimony is of record. These matters were last before the Board in April 2021, when they were remanded for additional development. 1. Entitlement to service connection for a bilateral hearing loss disability is remanded. 2. Entitlement to service connection for hemorrhoids is remanded. 3. Entitlement to service connection for a skin disability is remanded. 4. Entitlement to a compensable initial rating for hypertension is remanded. 5. Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder and bipolar disorder (hereinafter PTSD) is remanded. 6. Entitlement to an initial rating in excess of 10 percent for right elbow lateral epicondylitis is remanded. 7. Entitlement to an initial rating in excess of 10 percent for left elbow lateral epicondylitis is remanded. 8. Entitlement to an initial rating in excess of 20 percent for a chronic lumbosacral strain is remanded. 9. Entitlement to an initial rating in excess of 10 percent for a chronic right knee strain is remanded. 10. Entitlement to an initial rating in excess of 10 percent for a chronic left knee strain is remanded. 11. Entitlement to an initial rating in excess of 10 percent for bilateral pes cavus, status post fracture right 5th metatarsal, and chronic left foot strain prior to July 14, 2021 is remanded. 12. Entitlement to an initial rating in excess of 30 percent for bilateral pes cavus, status post fracture right 5th metatarsal, and chronic left foot strain since July 14, 2021 is remanded. Unfortunately, there has not been substantial compliance with the Board's previous remand directives. In pertinent part, the April 2021 remand directed that May 29, 2018 and September 9, 2019 records that were noted to have been scanned into VistA Imaging in June 4, 2018, June 20, 2018, and September 11, 2019 VA record entries be obtained. It does not appear that the scans of those records were obtained. Accordingly, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The evidence indicates there may be outstanding relevant VA treatment records. A July 27, 2021 VA treatment record indicates that the Veteran was to return for a follow up appointment in September 2021. VA treatment records after July 30, 2021 have not been associated with the claims file. Additionally, a VA record entry from March 2, 2020 indicates that a non-VA medical record from February 20, 2020 had been scanned. A March 24, 2020 VA record entry indicates that a March 16, 2020 administrative note had been scanned. A July 7, 2021 VA record entry indicates that a non-VA record from June 10, 2021 had been scanned. It does not appear that the referenced record has been associated with the claims file. A remand to obtain the outstanding records is required. Regarding the Veteran's skin claim, he testified that he had acne breakouts on his back. VA treatment records from January 23, 2020 and April 8, 2021 indicate that the Veteran had an "air skinned" rash and that a pimple on his back that turned into an abscess. As the Veteran asserts that his skin condition began during service as a result of supplements he took during service and January 22, 2007 and July 27, 2007 service treatment records confirm he was treated for skin symptoms, a VA examination and opinion are warranted. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records as well as the VistA Imaging records referenced in the June 4, 2018, June 20, 2018, September 11, 2019, March 2, 2020, March 24, 2020, and July 7, 2021 VA record entries. If any of the records cannot be obtained a formal finding of unavailability shall be made and the Veteran notified of such. 2. After records development is completed to the extent possible, the Veteran should be afforded a VA skin examination to determine the nature of any skin disability and to obtain an opinion as to whether such is possibly related to service. The claims file should be reviewed by the examiner in conjunction with the examination. All necessary tests should be conducted, and the results reported. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current disability of the skin arose during service or is otherwise related to service. The clinician should address the service treatment records from January 22, 2007 and July 27, 2007 and the Veteran's testimony that his skin symptoms are related to "taking supplements" during service. A complete rationale for all opinions expressed should be provided. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Anderson 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.