Citation Nr: 22028424 Decision Date: 05/13/22 Archive Date: 05/13/22 DOCKET NO. 12-15 330 DATE: May 13, 2022 REMANDED Entitlement to a rating in excess of 10 percent for perirectal abscess, status post incision and drainage and fistulotomy (perirectal abscess), prior to January13, 2017, is remanded. Entitlement to a rating in excess of 30 percent for a perirectal abscess, from January 13, 2017, is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1982 to January 1993. This matter is before the Board of Veterans' Appeals (Board) on appeal of a September 2009 rating decision of the Jackson, Mississippi, Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran appeared at a hearing before the undersigned Veterans Law Judge in January 2017 and in January 2022. In January 2019, the Board, in part, denied the issues on appeal. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). In a Joint Motion for Partial Remand (JMR) dated in May 2020, the Court vacated the Board's decision of entitlement to a rating in excess of 10 percent for a perirectal abscess, prior to January 13, 2017, and in excess of 30 percent, thereafter, and remanded the claims to the Board for compliance with the terms of the JMR. This JMR also indicated that an increased rating claim concerning gastroesophageal reflux disease was not being continued on appeal. While this matter was discussed at the January 2022 hearing, that discussion was in error in the absence of current jurisdiction, and the matter will not be addressed herein. Regarding the service-connected perirectal abscess claim, in its JMR, the Court noted that the Board erred in failing to ensure that VA complied with the terms of a June 2017 Board remand order. Specifically, the Court noted that the request was that the VA examiner "should specify whether [his] perirectal abscess... results in occasional involuntary bowel movements, necessitating wearing of a pad and/or extensive leakage and fairly frequent involuntary bowel movements and/or complete loss of sphincter control." In September 2017, the Veteran was afforded an examination, but the VA examiner did not check any boxes relating to whether the Veteran had leakage that was "slight, occasional moderate, or extensive." Further, the Court noted that the Board did not discuss a May 2008 VA treatment note that indicated a "complete rupture of sphincter" and January 2009 and January 2010 reports that the Veteran's incontinence required him to wipe constantly. Further, a December 2008 statement in which the Veteran stated that he always carried a change of underwear with him in order to avoid the embarrassment of wearing incontinence pads in public, a September 2009 rating decision for another issue which noted that the Veteran wore incontinence pads, and an October 2013 VA Form 9, in which the Veteran noted that his symptoms caused him to leave work five to six times that year, were not noted in the January 2019 Board denial. Subsequent to the return of the claims to the Board from the Court, the Veteran was afforded a Board hearing in January 2022. He stated that he experienced constant burning and used Preparation H for his condition. He also noted experiencing constant leakage. A new examination is thus needed to address any worsening. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers, both private and VA, who may have additional records pertinent to the remanded claims. After the Veteran has signed any appropriate releases, any relevant records identified that are not duplicates of those already contained in the claims folder should be requested. If any requested records cannot be obtained, the Veteran should be notified of such. 2. Schedule the Veteran for a VA examination by an appropriate clinician to assess the nature and severity of his rectal disability. The electronic file must be made available to the examiner, and the examination report must reflect that such review occurred. 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. The most up-to-date DBQ should be utilized. The VA examiner must specifically indicate whether the Veteran's leakage is considered "slight, occasional moderate, or extensive". Additionally, in rendering the opinion, the examiner must consider the Veteran's lay statements, to include that his condition requires him to wipe constantly, that he carries a change of underwear with him, that he wears incontinence pads, and that his condition caused him to leave work five to six times in 2013. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Evans, A-L 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.