Citation Nr: 21012389
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 10-40 754
DATE: March 4, 2021

REMANDED

Entitlement to an increased rating for bilateral plantar fasciitis with pes cavus and calcaneal spurs, rated as 10 percent disabling prior to May 30, 2015 and 50 percent disabling thereafter (foot disability) is remanded.

Entitlement to a rating in excess of 10 percent for tinea cruris, tinea pedis, and lichen simplex chronicus (skin disability) is remanded.

Entitlement to special monthly compensation (SMC) based on the need for aid and attendance of another person or due to being housebound is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1980 to April 1986. These matters come to the Board of Veterans’ Appeals (Board) from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

In May 2014, the Veteran testified before the undersigned Veterans Law Judge at a video conference hearing.  A transcript of that hearing is of record.

These matters were last before the Board in October 2020, when they were remanded for additional development.

1. Entitlement to an increased rating for a bilateral foot disability, rated as 10 percent disabling prior to May 30, 2015 and 50 percent disabling thereafter, is remanded.

2. Entitlement to a rating in excess of 10 percent for a skin disability is remanded.

3. Entitlement to SMC based on the need for aid and attendance of another person or due to being housebound is remanded.

4. Entitlement to TDIU is remanded.

While further delay is regrettable, the evidence indicates there may be outstanding relevant VA treatment records.  VA treatment records from October 4, 2020          and November 18, 2020 indicate that the Veteran was to return for follow up appointments on January 14, 2021 and January 19, 2021.  VA treatment records subsequent to November 18, 2020 have not been associated with the claims file.    A remand to obtain the outstanding records is required.  See Jones v. Wilkie, 918 F.3d 922, 926 (Fed. Cir. 2019) (the duty to assist in obtaining VA records is not discharged “based on a mere belief that the likelihood of finding a record substantiating a veteran's claim is 'low' or ‘extremely low’”).

Also, additional medical records were associated with the claims file subsequent to the November 2020 Supplemental Statement of the Case and prior to the appeal being transferred to the Board.  Such records must be reviewed on remand. 38 C.F.R. §§ 19.31(b)(2), 19.37, (2020).

The matters are REMANDED for the following actions:

1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities.  After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since November 18, 2020.  If any requested records are unavailable, the Veteran should be notified of such.

2. Thereafter, if the benefits sought on appeal remain denied, issue a supplemental statement of the case.      

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Anderson

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.