Citation Nr: 21042812 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 17-45 938 DATE: July 13, 2021 REMANDED Entitlement to a rating in excess of 10 percent prior to June 27, 2019, and in excess of 30 percent from September 1, 2019, for right hip status post debridement labral tear is remanded. Entitlement to an initial compensable rating prior to September 1, 2019, and in excess of 20 percent thereafter, for right hip limitation of adduction is remanded. Entitlement to a total rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2007 to March 2010. This appeal arises before the Board of Veterans' Appeals (Board) from a July 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Veteran and her mother testified before the undersigned. The transcript of this hearing has been associated with the claims file. In May 2020, the Board remanded the claims for entitlement to a TDIU and increased ratings for the service-connected right hip status post debridement labral tear and right hip limitation of adduction for additional development. During the pendency of the remand development, in a June 2020 rating decision, in pertinent part, the RO found there was clear and unmistakable error in the assigned effective date for the grant of a temporary total evaluation for the service-connected right hip status post debridement labral tear that required convalescence. As such, the RO assigned an earlier effective date for the grant of temporary total evaluation as of June 27, 2019 to September 1, 2019, and an evaluation of 30 percent from September 1, 2019 for the service-connected right hip status post debridement labral tear. The June 2020 RO also granted an increased rating for the right hip limitation of adduction from 0 percent to 20 percent, effective September 1, 2019. As the partial rating increases for the right hip status post debridement labral tear from 10 percent to 30 percent from September 1, 2019, and right hip limitation of adduction from 0 percent to 20 percent, effective September 1, 2019, are not the maximum allowable for the entire period on appeal, these issues remain on appeal. AB v. Brown, 6 Vet. App. 35 (1993). In a January 2021 rating decision, the RO granted a separate 10 percent rating for painful scar, as well as a noncompensable rating for another scar of the right lower extremity, both effective December 8, 2020 and both secondary to the service-connected right hip status post debridement labral tear. The RO also granted a separate noncompensable rating for right hip limitation of extension, effective December 8, 2020. Considering the Veteran has not submitted a notice of disagreement as to the ratings assigned to the grants of service connection for painful scar of the right lower extremity secondary to the service-connected right hip status post debridement labral tear, another scar of the right lower extremity secondary to the service-connected right hip status post debridement labral tear, and right hip limitation of extension, the Board will not address these particular issues further herein. Entitlement to a rating in excess of 10 percent prior to June 27, 2019, and in excess of 30 percent from September 1, 2019, for right hip status post debridement labral tear is remanded. Entitlement to an initial compensable rating prior to September 1, 2019, and in excess of 20 percent thereafter, for right hip limitation of adduction is remanded. Entitlement to a TDIU is remanded. There appears to be outstanding private treatment records relevant to the right hip increased rating claims and a remand is necessary to obtain such records that would affect the ratings currently assigned. Specifically, a May 2017 VA treatment record noted the Veteran had received an MRI outside of VA that showed abnormal findings of the hips and a June 2017 VA treatment record noted the Veteran's pelvic floor instability physical therapy consult to be obtained from an outside provider. See June 2020 CAPRI. A subsequent June 2017 VA treatment record note the Veteran's weekly chiropractor sessions for her hips in the past 7 weeks. See August 2017 CAPRI. Also, a March 2020 letter from the Veteran's private physician, indicated the Veteran had been a patient with the practice for 15 years and noted the Veteran's progressively worsening right and left hip disabilities. See June 2020 Medical Treatment Record Non-Government Facility. A July 2020 VA treatment record also noted the Veteran outside primary care physician and consultations for her hips. See July 2020 CAPRI. A remand is warranted to obtain the aforementioned outstanding pertinent private treatment records not yet associated with the claims file. A remand is warranted for the issue of entitlement to a TDIU as well since this issue is intertwined with the deferred issues of entitlement to increased ratings for the service-connected right hip disabilities. The matters are REMANDED for the following action: 1. After securing any necessary release, attempt to obtain any outstanding private treatment records related to her right hip disabilities, to include from her primary care physician at Nauset Family Practice, Cape Cod Gynecology, New England Baptist Hospital, and physical therapy and chiropractic sessions related to the service-connected right hip disabilities. Document all attempts to assist the Veteran with the procurement of these private treatment records. 2. Thereafter, the AOJ must readjudicate the issues on appeal, to include the adjudication of the issue of TDIU. If any benefit is not granted, the Veteran should be furnished with a supplemental statement of the case and afforded an opportunity to respond. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Cheng, 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.