Citation Nr: 21015922 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 17-50 906 DATE: March 18, 2021 REMANDED Entitlement to an initial compensable rating prior to December 5, 2012, for right shoulder disability, currently evaluated as 20 percent, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, for left shoulder disability, currently evaluated as 20 percent, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, for right knee disability, currently evaluated as 10 percent, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, for right ankle disability, currently evaluated as 10 percent, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, for left ankle disability, currently evaluated as 10 percent, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1993 to February 1999. These matters are before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified at a Board videoconference hearing before the undersigned. Historically, the Veteran initially filed a claim seeking service connection for his right shoulder, left shoulder, right knee, right ankle, and left ankle disabilities in December 1999, within one year from separation from active service. See December 1999 VA 21-526 Veterans Application for Compensation or Pension. In an October 2001 rating decision, in pertinent part, the RO denied service connection for his right shoulder, left shoulder, right knee, right ankle, and left ankle disabilities as his service treatment records (STRs) were unavailable. See October 2001 Rating Decision – Narrative. In December 2012, the Veteran filed a claim to reopen the previously denied claims for service connection for his right shoulder, left shoulder, right knee, right ankle, and left ankle disabilities. See December 2012 VA 21-526 Veterans Application for Compensation or Pension. Additional STRs and military personnel records were submitted in support of the claims. In a March 2014 rating decision, in pertinent part, the RO granted service connection for right shoulder, left shoulder, right knee, right ankle, and left ankle disabilities. For the grants of service connection for the right shoulder, left shoulder, right knee, right ankle, and left ankle disabilities, respectively, the RO assigned an effective date of February 14, 1999, the day following the Veteran’s release from active duty, because he previously claimed service connection for these disabilities within one year following discharge from military service, but had been denied service connection because his STRs were unavailable for review at the time; these records had since been obtained. See 38 C.F.R. § 3.156(c); 38 C.F.R. § 3.400(b)(2)(i). For the right and left shoulder disabilities, respectively, the RO assigned each noncompensable ratings effective February 14, 1999, and 20 percent ratings from December 5, 2012. For the right ankle, left ankle, and right knee disabilities, respectively, the RO assigned each noncompensable ratings effective February 14, 1999, and 10 percent ratings from December 5, 2012. In a written statement, received in July 2014; the Veteran requested reconsideration of the effective date for the original award dates. See July 2014 VA 21-4138 Statement In Support of Claim. He essentially expressed disagreement with the effective date assigned for the compensable ratings. The October 2014 rating decision denied the request for earlier effective dates for the compensable evaluations. Entitlement to an initial compensable rating prior to December 5, 2012, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, is remanded. Entitlement to an initial compensable rating prior to December 5, 2012, is remanded. A review of the record shows that the Veteran had indicated continued treatment at Phoenix VA since 1999. See December 2015 Deferred Rating. Testimony from the March 2021 Board hearing also indicates the Veteran’s treatment at Southeast Clinic in Mesa and Gilbert since 1999. However, the earliest VA treatment record associated with the claims file is from April 2001 and the most recent VA record is dated in December 2015. See December 2013 CAPRI and December 2015 CAPRI. The Board finds that a remand is warranted to obtain these outstanding VA treatment records that are relevant to the issues on appeal. (Continued on the next page)   The matters are REMANDED for the following action: Obtain all outstanding records of VA (or adequately identified and authorized private) treatment the Veteran has received from 1999 to 2001 and from 2015 to present, to include from Phoenix VA and Southeast Clinic in Gilbert. The Veteran testified that the Gilbert facility is also called Mesa. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Cheng, 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.