Citation Nr: 21077319 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 14-22 004 DATE: December 29, 2021 REMAND The issue of an initial rating of more than 10 percent since April 1, 2011, for left foot degenerative joint disease (DJD) and calcaneal spur is remanded. The issue of an initial rating of more than 10 percent since April 1, 2011, for right ankle DJD status-post malleolus avulsion fracture is remanded. The issue of an initial rating of more than 10 percent since April 1, 2011, for right knee DJD is remanded. The issue of an initial rating of more than 10 percent since April 1, 2011, for left knee DJD is remanded. The issue of an initial rating of more than 20 percent since April 1, 2011, for left shoulder DJD is remanded. The issue of an initial compensable rating since April 1, 2011, for left clavicle fracture status-post surgery is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from June 1989 to January 2000 and from October 2003 to March 2011. He also served in the Army National Guard. He served in Southwest Asia and his military decorations include the Combat Infantryman Badge and the Master Parachutist Badge. In July 2017, the Veteran was afforded a hearing before the undersigned Veterans Law Judge sitting at the VA Central Office. Although the March 2018 Board remand only addressed the issue of an increased rating for left shoulder DJD, it appears that the Veteran appealed the ratings for both the left shoulder DJD and the left clavicle fracture status-post surgery. The April 2014 statement of the case (SOC) addressed them as if they were one issue, but separate service connection had been granted in May 2012 and they have been separately rated since that time. The Board will include both issues in this remand. The April 2021 supplemental statement of the case (SSOC) addressed the issues of increased ratings for right and left elbow tendonitis, sinusitis, and allergic rhinitis. The Board decided these issues in its March 2018 decision, and they were final at that time. The Board cannot address them in this decision. The July 2021 informal hearing presentation (IHP) included the issues of service connection for hiatal hernia, left ear hearing loss, and sacroiliac weakness. Service connection for those issues was granted in an April 2021 rating decision. Therefore, those issues have been granted in full and are not before the Board in this decision. 1. The issue of an initial rating of more than 10 percent since April 1, 2011, for left foot DJD and calcaneal spur is remanded. 2. The issue of an initial rating of more than 10 percent since April 1, 2011, for right ankle DJD status-post malleolus avulsion fracture is remanded. 3. The issue of an initial rating of more than 10 percent since April 1, 2011, for right knee DJD is remanded. 4. The issue of an initial rating of more than 10 percent since April 1, 2011, for left knee DJD is remanded. 5. The issue of an initial rating of more than 20 percent since April 1, 2011, for left shoulder DJD is remanded. 6. The issue of an initial compensable rating since April 1, 2011, for left clavicle fracture status-post surgery is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: In its March 2018 remand, the Board directed the RO to attempt to obtain any information about private medical providers who have treated the Veteran for the disorders on appeal. The August 2020 letter was not clear and the list of medical providers the Veteran provided in September 2020 are those who treated him while in service. On remand, the RO should attempt to obtain information about those medical providers who have treated the Veteran for the disorders since April 1, 2011, and who may have information about the severity of his disorders during the period on appeal. Additionally, there is no evidence that the RO has attempted to associate with the record any relevant VA treatment records. The May 2012 rating decision, April 2014 SOC, and April 2021 SSOC do not list any VA treatment records as evidence considered in those decisions. The RO must associate any VA treatment records with the file. THE REMAND DIRECTIVES FOLLOW. 2. Request that the Veteran provide authorization to obtain treatment records from any medical providers who have treated him since April 1, 2011, for the disorders on appeal. If the Veteran provides the necessary authorization, the RO must attempt to obtain the treatment records. All efforts to obtain the records must be documented in the file. 3. Associate with the record any VA treatment records pertaining to the treatment of the Veteran for the disorders on appeal. If no VA treatment records exist, that information must be documented in the Veteran's file. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Miller, Counsel The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.