Citation Nr: 21008546
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 17-41 950
DATE: February 17, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for left acromioclavicular joint separation is remanded. 

Entitlement to a separate rating in excess of 20 percent for left acromioclavicular joint dislocation is remanded. 

Entitlement to a rating in excess of 20 percent for right ankle sprain residuals with degenerative joint disease is remanded. 

Entitlement to a rating in excess of 10 percent for left ankle sprain residuals with degenerative joint disease is remanded.

Entitlement to a compensable rating for hypertension is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from May 1989 to February 1996.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  In October 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  The Board remanded the claims on appeal for further development in December 2019. 

Notably, during the pendency of this appeal, a July 2020 rating decision increased the Veteran’s shoulder and ankle disability ratings from the beginning of the appeal period, effective February 20, 2015, and assigned a separate rating for left acromioclavicular joint dislocation, effective January 14, 2020.  Thus, the issues have been recharacterized accordingly.

In December 2020, the Veteran identified outstanding VA treatment records pertinent to his orthopedic claims and requested these records be obtained and considered as evidence in his appeal.  See December 2020 VA Form 21-0820.  Therefore, the Board finds that remand is necessary in order to obtain the outstanding VA treatment records identified by the Veteran.  As additional VA treatment records will likely produce evidence relevant to increased rating claim for hypertension, the claim is inextricably intertwined with the requested development above and must be remanded as well.  

The matters are REMANDED for the following action:

Obtain all outstanding VA treatment records, to specifically include December 14, 2020 x-rays from the Palo Alto VA Medical Center.  See December 2020 VA Form 21-0820.  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.S. Mahoney

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.