Citation Nr: 21040124
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 18-18 710
DATE: July 2, 2021

REMANDED

Entitlement to an evaluation in excess of 10 percent for right ankle arthritis is remanded.

Entitlement to compensation under 38 U.S.C. § 1151 for kidney damage is remanded.

Entitlement to compensation under 38 U.S.C. § 1151 for a left knee disorder is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1971 to April 1973.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision by the Department of Veterans Affairs (VA).

A hearing was held before the undersigned Veterans Law Judge in February 2021.  A transcript of the hearing is of record.  

On review, the Board finds that additional development is necessary prior to final adjudication of the Veteran's claims.  Specifically, it appears that there may be outstanding non-VA treatment records and records for a Federal Tort Claims Act (FTCA) claim the Veteran filed based on the same events that are the subject of the section 1151 claims, as detailed in the directives below.

Regarding the right ankle claim, the Veteran was most recently provided a VA examination in November 2016.  He testified at the hearing that the disability had increased in severity.  An additional VA examination is needed.

The TDIU claim is inextricably intertwined with the left knee and right ankle claims based on the contentions in this case.

The case is REMANDED for the following actions:

1.  Request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his claimed disorders.  See, e.g., March 2021 VA treatment record (Veteran reported left knee treatment in non-VA emergency room).  After acquiring this information and obtaining any necessary authorization, obtain and associate these records with the claims file.

2.  Obtain VA treatment records dated from March 2021 to the present from the Portland VA Medical Center.

3.  Request from any appropriate source all available court records and evidence, to include any medical records or opinions, submitted or prepared in the context of the denial, settlement, or litigation for the claim brought by the Veteran against VA under the FTCA.  See, e.g., February 2021 Bd. Hrg. Tr. at 7 (Veteran reported filing such a claim that was ultimately withdrawn).

4.  Schedule the Veteran for a VA examination to ascertain the current severity and manifestations of his service-connected right ankle arthritis.  Any studies, tests, and evaluations deemed necessary by the examiner should be performed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Postek, 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.