Citation Nr: 21027803
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 17-26 115
DATE: May 6, 2021

REMANDED

Entitlement to an increased disability rating in excess of 10 percent for the service-connected left ankle strain/instability is remanded.

Entitlement to an increased disability rating in excess of 20 percent for the service-connected tendinosis of the left shoulder is remanded.

Entitlement to an increased disability rating in excess of 50 percent disabling for your service-connected bilateral pes planus and plantar fasciitis, metatarsalgia is remanded.

Entitlement to an increased disability rating in excess of 10 percent for the service-connected left mild peroneal neuropathy of the left foot is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1995 to December 1999.

These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In September 2017, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.

These matters were previously remanded by the Board in February 2019.

1. Entitlement to an increased disability rating in excess of 10 percent for the service-connected left ankle strain/instability is remanded.

2. Entitlement to an increased disability rating in excess of 20 percent for the service-connected tendinosis of the left shoulder is remanded.

3. Entitlement to an increased disability rating in excess of 50 percent disabling for your service-connected bilateral pes planus and plantar fasciitis, metatarsalgia is remanded.

4. Entitlement to an increased disability rating in excess of 10 percent for the service-connected left mild peroneal neuropathy of the left foot is remanded.

5. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

Pursuant to the February 2019 Board remand, the RO was instructed to obtain updated treatment records.  Per a September 2019 VA Form 21-4142 Authorization for Release of Information, the Veteran reported receiving treatment from PFC Floyd K. Lindstrom VA Clinic from 2010 to 2019 as well as the Denver VA Medical Center (VAMC) from 2010 to 2019.  However, the only records obtained by the Board were dated through 2015.  In light of the above, the Board finds that updated treatment records should be obtained upon remand.

The matters are REMANDED for the following action:

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, the AOJ should request any relevant records identified.  In addition, obtain updated VA treatment records, to include from the PFC Floyd K. Lindstrom VA Clinic and Denver VAMC dated from 2010 to 2019.  If any requested records are unavailable, the Veteran and his representative should be notified of such. 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Medina, 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.