Citation Nr: 22018282 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 18-10 527 DATE: March 28, 2022 REMANDED Entitlement to a rating in excess of 10 percent for left knee patellofemoral pain syndrome and left shin splints is remanded. Entitlement to a rating in excess of 10 percent for right knee patellofemoral pain syndrome and left shin splints is remanded. Entitlement to a compensable rating for post-traumatic brain injury headaches is remanded. Entitlement to a rating in excess of 10 percent for lumbar spine degenerative joint disease is remanded. Entitlement to a rating in excess of 10 percent for traumatic brain injury (TBI) (claimed as memory loss) is remanded. Entitlement to a rating in excess of 10 percent for cervical strain and degenerative joint disease is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2012 to June 2015, from October 2017 to September 2018, and from October 2018 to September 2019. This matter comes before the Board of Veterans Appeals (Board) on appeal from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In April 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ); a transcript is of record. Increased rating claims. The Veteran seeks higher ratings for his service-connected TBI, bilateral knee disabilities, low back disability, and cervical spine disability. The Board remanded the claims on appeal in April 2021 in order to afford the Veteran new VA examinations as there was evidence that his disabilities may have increased in severity since his last VA examinations in 2015. A review of the claims file shows that, pursuant to the remand, the Veteran was scheduled for new VA examinations which he failed to attend. In a January 2022 Appellant's Post-Remand Brief, the Veteran's representative contended that the Veteran did not attend his VA examinations because he was called back to active duty. A further review of the claims file shows that the Veteran informed VA in a July 2021 correspondence that he was re-entering active duty effective August 2021 for an undetermined amount of time. The Board finds the Veteran's failure to attend VA examinations due to active duty status is good cause for his failure to report. As such, the Board will remand the appeal in order to afford the Veteran another opportunity to appear for his VA examinations once he is no longer on active duty. Additionally, in the April 2021 remand, the Board also requested the RO to attempt to obtain relevant, private treatment records, to include from Kaiser Permanente. By way of a May 2021 letter, the RO asked the Veteran to provide the necessary authorizations so that VA could obtain his treatment records. While the Veteran did not respond to the letter, given his failure to report for his VA examinations due to his return to active duty, the Board finds it plausible that he also may not have responded to the May 2021 letter due to his active duty status. As such, on remand, the Veteran should be given another opportunity to identify any relevant outstanding private treatment records and provide the necessary authorizations. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Kaiser Permanente and any other private providers that have treated him for his service-connected disabilities on appeal. Make two requests for the authorized records from the identified providers, unless it is clear after the first request that a second request would be futile. 2. After the Veteran has returned from active duty, schedule the Veteran for an examination to determine the current severity of his service-connected bilateral knee conditions, low back condition, and cervical spine condition. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. (Continued on the next page) 3. After the Veteran has returned from active duty, schedule the Veteran for an examination to determine the current severity of his service-connected headaches and TBI. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Mortimer, 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.