Citation Nr: 21074664
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 17-31 367
DATE: December 16, 2021

REMANDED

A rating higher than 10 percent for a painful scar, status post appendectomy is remanded.  

A compensable rating for a residual scar, status post appendectomy is remanded. 

A rating higher than 10 percent for residuals of an appendectomy is remanded. 

REASONS FOR REMAND

The Veteran served in the U.S. Navy from September 1987 to September 1991. 

This case is before the Board of Veterans' Appeals (Board) following an appeal of a September 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  This case was remanded by the Board in September 2019 for further development.

Painful scar, status post appendectomy 

Residual scar, status post appendectomy 

Residuals of an appendectomy

During the period on appeal, the Veteran was incarcerated.  VA treatment records from October 2015 reference his incarceration and subsequent release a couple months earlier, and that he received some medical treatment while incarcerated.  A state prisoner computer match from February 2019 noted that the Veteran was confined in June 2017.  

None of the medical records created during the Veteran's period of incarceration are in the claims folder.  As provided for by the Veterans Claims Assistance Act of 2000 (VCAA), the VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.326(a).  Therefore, the regional office, must attempt to gather those medical records.

The matters are REMANDED for the following action:

1. The Veteran should be given an opportunity to identify any outstanding treatment records relevant to the claim on appeal. Efforts must be made to obtain medical records associated with the Veteran's incarceration. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.

 

 

Shamil Patel

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.