Citation Nr: 21012336
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 06-21 731A
DATE: March 4, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for a right femoral neck stress fracture with screw fixation is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2004 to October 2004.

This matter comes before the Board of Veterans’ Appeals (Board), on appeal from a June 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

This case was last before the Board in November 2020, when it was remanded for additional development. Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issue remaining on appeal. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998).

1. Entitlement to an initial rating in excess of 10 percent for a right femoral neck stress fracture with screw fixation is remanded.

A review of the record reflects that further development is necessary. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration.

In October 2018 and November 2020, the Board remanded the appeal to obtain a private treatment record referenced in the Veterans VA treatment records.  Specifically, a March 31, 2015, VA treatment record references an additional March 6, 2015, record from Treasure Coast Orthopedics which had been “scanned.” Although the claims file contains private treatment records from Treasure Coast Orthopedics from August 2014 and September 2014, concerning this disability, the Vista Imaging record from March 6, 2015 has not been associated with the claims file.  Duplicate copies of the VA treatment record subsequently were added to the claims file.  Yet the scanned private treatment record still is not available, and there is no indication that any attempts were made to obtain it.  As such, another remand is required.  Stegall v. West, 11Vet. App.268, 271 (1998).

The matters are REMANDED for the following action:

1. Contact the Veteran and request that he provide sufficient information, and if necessary, authorization to enable the RO to obtain any relevant outstanding non-VA treatment records, to include from Treasure Coast Orthopedics. The RO should make an attempt to obtain any treatment records identified by the Veteran that are not currently associated with the claims file.

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2. Obtain the Vista Imaging record from March 6, 2015, treatment record from Treasure Coast Orthopedics (referenced as “scanned” in a March 31, 2015, VA treatment record).

If any requested records are unavailable, the Veteran should be notified of such.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Romero-Sanchez, 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.