Citation Nr: 21007045
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 17-38 808
DATE: February 8, 2021

REMANDED

Entitlement to an initial compensable evaluation for left ankle scar is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Marine Corps from July 1997 to November 2002.  The Veteran had subsequent U.S. Marine Corps Reserve and Army National Guard service, to include periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions rendered in November 2015 and November 2016.

The Veteran initially requested a Board hearing.  In October 2020, he was informed that the Board was unable to produce a complete transcript of the September 2019 proceeding due to audio malfunctions heard throughout his testimony.  In a November 2020 statement, the Veteran withdrew any additional hearing requests. 

Entitlement to an initial compensable evaluation for left ankle scar is remanded.

In December 2016 and July 2017 statements, the Veteran asserted that his left ankle scar residuals were not adequately described in an October 2016 VA examination report.  He indicated that his scar measurements were incorrect and that his left ankle scar was both painful and unstable.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected left ankle scar.

The matter is REMANDED for the following actions:

1.  Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left ankle scar.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  

2.  After completing the above actions and any other necessary development, the claim on appeal must be re-adjudicated, taking into consideration all relevant evidence associated with the record since the June 2017 SOC.  If the benefit on appeal remains denied, a SSOC must be provided to the Veteran and his representative. After the Veteran has had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. D. Deane, 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.