The claim of entitlement to a compensable rating for left axillary adenopathy with rhomboid spasm prior to October 14, 2022, and higher than 20 percent thereafter, is remanded.

Citation Nr: 26001415 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 10-34 521 DATE: January 30, 2026 REMANDED The claim of entitlement to a compensable rating for left axillary adenopathy with rhomboid spasm prior to October 14, 2022, and higher than 20 percent thereafter, is remanded. The claim of entitlement to a higher rating for service-connected left knee strain is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1980 to June 1995. This appeal is from a March 2011 rating decision. Most recently, in a February 2024 decision, the Board remanded these claims for additional development. Unfortunately, the ordered development was not substantially completed, which is the Veteran's right. Thus, the Board is unable to proceed on the merits, and must remand for an additional attempt to obtain the requested medical opinions. The Board regrets the additional delay this remand will cause, but it is necessary in order to preserve the Veteran's due process rights. 1. The claim of entitlement to a compensable rating for left axillary adenopathy with rhomboid spasm prior to October 14, 2022, and higher than 20 percent thereafter, is remanded. 2. The claim of entitlement to a higher rating for service-connected left knee strain is remanded. As noted in the Board's January 2023 remand, the Veteran argued that the VA examination reports were not taking into account the ameliorative effects of the medication he takes to treat his symptoms. The January 2023 and February 2024 Board remands directed that the examiner address the medication the Veteran takes for his symptoms and whether those medications provide ameliorative effects on his functioning, and if so, how. These opinions have still not been obtained. Further, in regard to the left axillary adenopathy with rhomboid spasm, the AOJ (agency of original jurisdiction) did not arrange a VA muscle injuries examination. Given that this disability is rated for a muscle injury, a muscle injuries examination should have been provided. The Board notes that the available VA and private treatment records are not responsive to the requested opinions, which further necessitates the need for a remand. Finally, private treatment records received since the last remand show the Veteran had his private treatment provider complete forms for Social Security Administration (SSA) benefits in and around February 2023. On remand, a request should be made to SSA for a copy of records. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. After completion of directive 1, ask the Social Security Administration for a copy of the Veteran's records in their possession. 3. After completion of directives 1 and 2, schedule the Veteran for appropriate examinations of the left shoulder/arm and the rhomboid muscle for reports on the current severity of the Veteran's service connected left axillary adenopathy with rhomboid spasm. IF SEPARATE EXAMINATIONS ARE NOT CONDUCTED FOR THE SHOULDER/ARM AND FOR THE MUSCLE INJURY, AN EXPLANATION MUST BE PROVIDED. The examiners should elicit from the Veteran a detailed history of his symptoms generally, during flares, and after repetitive use over time. The examiner should use this information to opine (a) on whether the Veteran has additional functional loss during flares or after repetitive use over time and (b) on WHETHER THE PAIN MEDICATIONS AND OVER-THE-COUNTER TREATMENT PROVIDES ANY AMELIORATIVE EFFECT ON THE VETERAN'S ABILITY TO FUNCTION. This should be expressed in terms of range of motion. The examiner should ask the Veteran appropriate questions in order to obtain information to form the requested opinions. All opinions must be supported with explanation. 3. After completion of directives 1 and 2, schedule the Veteran for an appropriate examination of the left knee for a report on the current severity of left knee disabilities. The examiner should elicit from the Veteran a detailed history of his symptoms generally, during flares, and after repetitive use over time. The examiner should use this information to opine (a) on whether the Veteran has additional functional loss during flares or after repetitive use over time and (b) on WHETHER THE PAIN MEDICATIONS AND OVER-THE-COUNTER TREATMENT PROVIDES ANY AMELIORATIVE EFFECT ON THE VETERAN'S ABILITY TO FUNCTION. This should be expressed in terms of range of motion. The examiner should ask the Veteran appropriate questions in order to obtain information to form the requested opinions. All opinions must be supported with explanation. Nathaniel J. Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Gibson, Amanda 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.