Citation Nr: 21077302
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 17-51 744
DATE: December 29, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for left tibial stress fracture is remanded.

Entitlement to a disability rating in excess of 10 for right tibial stress fracture with ankle strain is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 2005 to January 2006.

This matter comes before the Board of Veterans' Appeals (Board) from a March 2017 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. Previously, the Veteran was scheduled for a VA examination in 2017 but was unable to attend due to his incarceration. He requested the examination be rescheduled but this was not completed at the time. He was eventually scheduled for an examination in December 2019 but did not attend. It is unclear if the Veteran had good cause for not attending this examination. Regardless, the Veteran has since reported additional pain and symptoms, and requested a new VA examination. The Board finds that a new examination is necessary to evaluate the current symptoms and their severity associated with his disabilities.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to treatment for his ankles.  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

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

 

 

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.