Citation Nr: 21010702
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 17-53 671
DATE:  February 25, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for a left ankle disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1982 to August 1985. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board. In a November 2019 decision, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In an August 2020 Order, the Court granted a Joint Motion of the parties, vacated the Board’s decision, and remanded the case to the Board for action consistent with the Joint Motion. 

In the August 2020 Joint Motion, the partied agreed that the VA examinations conducted in conjunction with this appeal were independently inadequate. As such, the Veteran should be afforded a new VA examination to determine the current level of severity of all impairment resulting from his left ankle disability. 

The matters are REMANDED for the following action:

1.  Identify and obtain and pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for an examination to determine the current level of severity of all impairment resulting from his left ankle disability. The claims file muse be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. The examiner must provide all information required for rating purposes; to include any findings as to whether the Veteran experiences additional functional limitation due to pain, weakness, fatigability, or incoordination following repeated use over a period of time and/or during a flare-up. 

3. Confirm that the VA examination report comports with this remand, and undertake any other development determined to be warranted.

4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.  

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	I. Umez-Eronini, 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.