Citation Nr: 21025306
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 15-18 421A
DATE: April 27, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent from June 6, 2014 forward for a service-connected bowel obstruction is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1966 to December 1969.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

The June 2014 rating decision granted service connection for the Veteran’s bowel obstruction, assigning a 30 percent prior to June 6, 2014 and a rating of 10 percent thereafter. In his December 2014 notice of disagreement, the Veteran specifically stated that he was only disagreeing with the assignment of a 10 percent rating from June 6, 2014 forward. The Veteran then perfected an appeal to the Board. The appeal was subsequently remanded by the Board in January 2019 and July 2020.

1. Entitlement to an increased rating for a bowel obstruction.

The Board most recently remanded the Veteran’s claim in July 2020 to obtain a more complete medical opinion regarding the severity of the Veteran’s disability. Pursuant to the July 2020 remand, the Veteran was afforded another VA examination in September 2020. However, the examination was conducted telephonically and therefore no imaging studies or diagnostic testing was performed. While the examiner noted some private treatment records in the examination report, these records do not contain any barium testing or x-ray imaging results. 

The Board certainly recognizes the difficulty of scheduling in person examinations during the COVID-19 pandemic and that the pandemic has required an increase in telehealth visits. However, the rating criteria for the Veteran’s disability specifically use objective testing results which cannot be obtained via telehealth appointments. 38 C.F.R. § 4.114, Diagnostic Code 7301. Further, the Veteran’s VA and private treatment records do not contain the testing results needed to properly rate the current disability. As such, the Board finds that a remand is necessary so that attempts may be made to schedule the Veteran for an in-person examination to determine the severity of the Veteran’s disability.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA to determine the current severity of his disability. The VA examiner is to perform any diagnostic imaging or testing deemed necessary.

 

CHRISTOPHER A. WENDELL

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Rosenthal, Ariana

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.