Citation Nr: 21022814 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 17-11 254 DATE: April 19, 2021 REMANDED Entitlement to an initial compensable rating for three linear keloid scars of the right upper arm (hereinafter right arm scars) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1975 to March 1977. This appeal comes before the Board of Veterans’ Appeals (Board) from a March 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin. In April 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ). The hearing transcript is not presently of record; however, the transcript will be associated with the file in the ordinary course of business. Entitlement to an initial compensable rating for right arm scars is remanded. The Veteran, and his representative, contends that a higher evaluation is warranted for his service-connected right arm scars. For reasons explained below, the Board finds that remand is necessary. At the April 2021 Board hearing, the Veteran testified as to a worsening of symptoms associated with his disability since his last VA examination in February 2016. In this regard, he stated that the scars associated with his disability have become larger in size since his last examination. While the mere passage of time is not grounds for a new examination, a new examination is appropriate when there is an assertion (and indication) of an increase in severity since the last examination. See 38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Here, the Veteran testified to an increased severity of symptoms associated with his disability since his last VA examination. Given the competent evidence of worsened symptoms since the last VA examination, a remand is necessary to adequately evaluate the current severity of the Veteran’s service-connected right arm scars. Caffrey v. Brown, 6 Vet. App. 377, 381 (1995) (VA must provide a new examination where a veteran claims the disability is worse than when originally rated and the available evidence is too old to adequately evaluate the current severity). Therefore, a new VA examination is needed to assist in determining the current severity of the Veteran’s service-connected disability. Snuffer, 10 Vet. App. at 400. Additionally, remand is also required to attempt to obtain reasonably identified relevant outstanding treatment records. In this regard, at the Board hearing, the Veteran testified to receiving private treatment, to include Veterans Health Administration (VHA) Choice program approved care, for his disability. As these treatment records, if obtained, could bear on the outcome of the Veteran’s claim, specific efforts should be made to procure them. See 38 C.F.R. § 3.159(e)(2) (if VA becomes aware of the existence of relevant records before deciding a claim, VA will, among other things, request that the claimant provide a release for the records). Thus, remand is also required to allow VA to obtain these records. In remanding this matter, the Board makes no finding, implicit or otherwise, as to the credibility of the Veteran’s assertions. Neither the Veteran’s credibility nor any lack thereof should be presumed in this remand. The matter is REMANDED for the following actions: 1. Obtain all VA treatment records dated from September 2016 to the Present. 2. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers, to include VHA Choice providers, seen for symptoms, diagnosis, and treatment of his right arm scars. Make two requests for the authorized records from all identified sources, unless it is clear after the first request that a second request would be futile. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right arm scars. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. 4. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Griffey, 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.