Citation Nr: 21076620
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 17-46 024
DATE: December 27, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for degenerative joint disease, status post ilium fracture of right hip is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1969 to September 1978, including service in the Republic of Vietnam.

This matter comes before the Board of Veterans' Appeals (Board) from a March 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

Although the Board regrets additional delay, remand is necessary to obtain a new VA examination to evaluate the Veteran's current symptoms and their severity. The Veteran last underwent a VA examination in May 2016. The Veteran claims that this examination is inadequate in that it did not properly evaluate his symptoms. Additionally, in November 2021, the Veteran endorsed new symptoms of daily pain, muscle spasm, and daily pain medication. As the Veteran claims the May 2016 examination did not adequately evaluate his symptoms, the Veteran endorses new symptoms, and it has been over five years since the last examination, the Board finds that a new examination is necessary to evaluate his symptoms.

Further, since the issuance of the July 2017 statement of the case, additional relevant evidence has been added to the claims file.  Because the Veteran has not been provided with a supplemental statement of the case, this must be accomplished on remand.  See 38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to treatment for the right hip.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records

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2. After records development is completed, schedule the Veteran for a VA hip and thigh examination to determine the current symptoms, level of severity, and functional impairment associated with his right hip.  The claims file should be reviewed by the examiner.  All necessary tests should be performed and the results reported.

3. Provide the Veteran with a supplemental statement of the case (SSOC) that addresses the evidence added to the claims file since the issuance of the July 2017 statement of the case (SOC).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Hofmeister

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.