Citation Nr: 21015051 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 17-12 664 DATE: March 16, 2021 REMANDED Entitlement to a rating higher than 20 percent prior to October 7, 2019, and higher than 40 percent thereafter, for limited motion of the right shoulder is remanded. Entitlement to a rating higher than 20 percent prior to October 7, 2019, and higher than 30 percent thereafter, for limited motion of the left shoulder is remanded. Entitlement to a rating higher than 10 percent prior to October 7, 2019, and higher than 30 percent thereafter, for limited motion of the neck is remanded. Entitlement to an initial rating for painful scars of bilateral upper back higher than 20 percent prior to June 12, 2014, and to a compensable rating thereafter, to include the propriety of the reduction in rating, is remanded. Entitlement to an initial compensable rating for other effects of scars of bilateral upper back is remanded. Entitlement to an initial compensable rating for other effects of scars of right axillary region is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1974 to July 1975. This appeal is from May and September 2014 rating decisions. The Board remanded this claim in January 2019 for additional development. Unfortunately, the development was not substantially completed, as discussed in more detail below. The Board regrets this additional delay, but finds it is necessary in order to preserve the Veteran’s due process rights. 1. Entitlement to a rating higher than 20 percent prior to October 7, 2019, and higher than 40 percent thereafter, for limited motion of the right shoulder is remanded. 2. Entitlement to a rating higher than 20 percent prior to October 7, 2019, and higher than 30 percent thereafter, for limited motion of the left shoulder is remanded. 3. Entitlement to a rating higher than 10 percent prior to October 7, 2019, and higher than 30 percent thereafter, for limited motion of the neck is remanded. 4. Entitlement to an initial rating for painful scars of bilateral upper back higher than 20 percent prior to June 12, 2014, and to a compensable rating thereafter, to include the propriety of the reduction in rating, is remanded. 5. Entitlement to an initial compensable rating for other effects of scars of bilateral upper back is remanded. 6. Entitlement to an initial compensable rating for other effects of scars of right axillary region is remanded. This claim was last remanded in order to obtain VA treatment records. The record suggests that a complete set of VA records has not been associated with the file, specifically, from the Hampton VAMC from January 2017 through January 2018. The Veteran submitted 13 pages of VA treatment records, some from this time period, but it is not clear that they are complete for the time period. Further, the record shows that the Veteran has had non-VA treatment through an agreement with the VA, and that VA is in possession of orthopedic records that may be relevant, which have been scanned into CPRS under Vista Imaging. See, for example, VA treatment records dated November 24, 2014, and December 16, 2016. On remand, these records must be obtained. The matters are REMANDED for the following action: 1. Obtain records of VA treatment dated from January 1, 2017, to January 31, 2018, and updated records starting from October 2020 through the present. 2. Obtain any non-VA orthopedic records in VA’s possession dated between December 2012 and the present. For reference, see VA treatment records dated November 24, 2014, and December 16, 2016, which reference reports scanned in CPRS and in Vista Imaging. 3. Ask the Veteran for authorization to obtain any private treatment records he wishes to have considered, or to provide copies himself. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson 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.