Citation Nr: 22048652
Decision Date: 08/25/22	Archive Date: 08/25/22

DOCKET NO. 17-48 115
DATE: August 25, 2022

REMANDED

Entitlement to an initial compensable disability rating for costochondritis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 2011 to August 2011 and from April 2013 to July 2016.  This matter comes before the Board of Veterans' Appeals (Board) on appeal a November 2017 rating decision issued by a Regional Office (RO) of the United States Department of Veterans Affairs (VA). 

The Veteran presented sworn testimony before the undersigned Veterans Law Judge at an April 2019 Board hearing for some of the claims on appeal.  A copy of the hearing transcript has been associated with the electronic claims file.

Entitlement to an initial compensable disability rating for costochondritis is remanded.

The Veteran's costochondritis has been service-connected and evaluated as a musculoskeletal disability. The previous examination, performed in October 2017, was a muscle injuries examination, which provides assessment for costochondritis under diagnostic code (DC) 5321, which in this case pertains to disability of muscle group II, the muscles of the shoulder girdle. See 38 C.F.R. § 4.73. The Board notes that in the November 2017 rating decision, the agency of original jurisdiction (AOJ) rated the Veteran's costochondritis under diagnostic code (DC) 5297 which pertains to removal of ribs and assigned a noncompensable rating under that DC. 

Since the October 2017 VA muscle injuries examination, the Veteran has reported worsening pain requiring additional medication. See e.g., April 2018 VA treatment report. Thus, the Board finds remand is warranted for additional examination to determine whether a compensable rating under DC 5321 or under DC 5297 is warranted. 

To the extent that the Veteran was noted to have asthma and gastroesophageal reflux disease (GERD) in the history recorded in the October 2017 VA muscle injuries examination report, the Veteran is separately service-connected for asthma and tonsillitis (claimed as GERD) which are not currently before the Board.

The matter is REMANDED for the following actions:

1. Arrange for appropriate VA examinations, to include muscle injuries examination and skeletal examination, to evaluate the current severity of the Veteran's costochondritis. The entire claims file must be made available to and reviewed by the examiner. All appropriate tests and studies should be conducted and the results reported.

 

2. Review the VA examination reports and all relevant evidence added to the file since the June 2022 supplemental statement of the case (SSOC) in readjudicating the evaluation of the Veteran's costochondritis.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Williams, 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.