Citation Nr: 22018917
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 17-56 578
DATE: March 30, 2022

REMANDED

Entitlement to a higher initial rating for right leg varicose veins is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1991 to December 2012.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2013 rating decision of a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ) which granted service connection for right leg varicose veins and assigned a noncompensable rating as of January 1, 2013. In November 2017, a 10 percent rating was assigned as of January 16, 2014.  A hearing was held before the Board in November 2021 and a transcript is of record.

After review of the record, the Board finds that remand is required.

First, at the Board hearing the Veteran testified that his disability has worsened since the date of the last examination, in August 2016. For this reason, the Veteran and his representative requested an updated C&P examination, and the Board finds that given the Veteran's reports of worsening swelling, potentially not relieved through elevation, and becoming quickly fatigued while standing, a new examination will be provided. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also 38 C.F.R. §§ 3.326(a), 3.327(a).

Second, the Veteran stated that he receives all of his treatment for the condition at a private provider, and at the Board hearing it was agreed that the record would be left open for 30 days for submission of treatment records from that provider. The claims file reflects that approximately a week and a half after the Board hearing the Veteran's representative submitted documents that were described as "re[garding] [the] BVA hearing;" however, in its current uploaded state in the digital claims file, the uploaded document unfortunately does not contain any substantive records, and appears instead to show an error regarding the file format of the submission. Given the Veteran's identification of outstanding private treatment records that may be relevant to his claim, the matter will be remanded for VA to assist the Veteran in obtaining and associating with the claims file any treatment records from the private provider.

Accordingly, the matter is REMANDED for the following action:

1. Undertake appropriate attempts to assist the Veteran in obtaining any treatment records from his private providers, to include sending a VA Form 21-4142 with a request that he identify the provider he sees for his service-connected right leg varicose veins.

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2. After sufficient time has passed or after the records from any private providers have been successfully uploaded, schedule the Veteran for an examination regarding the current severity of his service-connected right leg varicose veins. 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.

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Davis, 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.