Citation Nr: 21006794 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 07-26 110 DATE: February 5, 2021 REMANDED Entitlement to a compensable disability for right hip trochanteric bursitis with limitation of extension under 38 C.F.R. § 4.71a, Diagnostic Code 5251 is remanded. Entitlement to a rating in excess of 20 percent for right hip trochanteric bursitis with limitation of flexion under 38 C.F.R. § 4.71a, Diagnostic Code 5252 is remanded. Entitlement to a rating in excess of 10 percent for right hip trochanteric bursitis with limitation of adduction under 38 C.F.R. § 4.71a, Diagnostic Code 5253 is remanded. Entitlement to an initial rating in excess of 10 percent for right ankle arthritis is remanded. Entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) prior to February 14, 2002, is remanded. REASONS FOR REMAND The Veteran had active service from July 1982 to July 1985. 1. Entitlement to a compensable disability for right hip trochanteric bursitis with limitation of extension under 38 C.F.R. § 4.71a, Diagnostic Code 525; a rating in excess of 20 percent for right hip trochanteric bursitis with limitation of flexion under 38 C.F.R. § 4.71a, Diagnostic Code 5252; a rating in excess of 10 percent for right hip trochanteric bursitis with limitation of adduction under 38 C.F.R. § 4.71a, Diagnostic Code 5253; and an initial rating in excess of 10 percent for right ankle arthritis is remanded. The Veteran was last afforded a Department of Veterans Affairs (VA) examination which addressed the right hip and the right ankle in March 2018. In January 2020, the Agency of Original Jurisdiction established service connection for right lower extremity cold injury residuals; assigned a 30 percent rating for that disability; and effectuated the award as of January 28, 2002. In October 2020, the Agency of Original Jurisdiction granted October 17, 2001, as the effective date of that award. The combined rating for disabilities of an extremity shall not exceed the rating for the amputation at the elective level, were amputation to be performed. 38 C.F.R. § 4.68. Given the overlapping nature of the service connected right lower extremity disabilities and the provisions of 38 C.F.R. §§ 4.14, 4.68, the Board finds that further VA right lower extremity evaluation is needed. Clinical documentation dated after April 2020 is not of record. VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran’s claims. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). 2. Entitlement to a TDIU prior to February 14, 2002, is remanded. Entitlement to TDIU requires an accurate assessment of the impairment associated with all of the service connected disabilities. The claim is inextricably intertwined with other issues being remanded and must also be remanded. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who treated him for the service connected right hip and right ankle disabilities. Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile. 2. Associate with the record any VA medical records for treatment provided since April 2020 not already of record. 3. Schedule the Veteran for a VA examination to assist in determining the current severity of service connected right hip and right ankle disabilities. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a) Provide ranges of motion for weight-bearing and nonweight-bearing and passive and active motion of the right hip and right ankle. (b) State whether there is any additional loss of right hip or right ankle function due to painful motion, weakened motion, excess motion, fatigability, incoordination, or on flare up. (Continued on the next page)   . J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Smith, 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.