Citation Nr: 21041419
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-60 394
DATE: July 9, 2021

REMANDED

Entitlement to a compensable rating for left hip myositis and trochanteric pain syndrome, limitation of extension, is remanded.

Entitlement to a compensable rating for left hip myositis and trochanteric pain syndrome, limitation of flexion, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1993 to October 1994.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In December 2018 the case was remanded for additional development, and now returns for further appellate review.

1. Entitlement to a compensable rating for left hip myositis and trochanteric pain syndrome, limitation of extension.

2. Entitlement to a compensable rating for left hip myositis and trochanteric pain syndrome, limitation of flexion.

As noted above, this matter was remanded by the Board in December 2018. Unfortunately, there has not been substantial compliance with the Board's previous remand directives and, as such, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). 

In this regard, the Board remanded this matter, in relevant part, for the procurement of outstanding VA treatment records. Specifically, the Veteran reported receiving continuing treatment for his left hip myositis, to include treatment from the Houston VAMC from 1996 to the date of his claim. Consequently, the Board remanded the case in order to attempt to obtain VA treatment records. 

While on remand, as pertinent, VA treatment records were requested from Houston VAMC. However, in a December 2019 correspondence, such indicated there were no paper charts created at the Houston VAMC, and thus, there are no records "unless they are electronically available." The Board finds it unclear as to whether the Houston VAMC made a search of electronic records or simply determined there were no paper files. Thus, another remand is necessary in order to obtain VA treatment records. See Stegall, supra.

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The matters are REMANDED for the following action:

After obtaining any necessary updated authorization from the Veteran, obtain all outstanding VA medical records, to include those identified by the Veteran dated from 1996 to the present at Houston VAMC, to include any electronic records. If after efforts have been made and no records are found, a formal finding of unavailability should be made.

 

 

Z. SAHRAIE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. M. Kelly, 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.