ROGER J. SCHAFRATH, APPELLANT, V. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. By Tbird
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In September 1988, a VA physician, Dr. Zorn, examined the veteran and reported that the right elbow exhibited "a full range of motion and flexion and extension of the elbow as well as pronation and supination." R. at 3. The physician also noted that the olecranon tip was "sensitive to pressure", and reported that the veteran "states that the wrist is not painful now" and "is working in construction as a carpenter." Ibid. Subsequent to this examination, the RO reduced the veteran's disability rating for his right elbow from 10 percent to non-compensable, effective January 1, 1989. The rating board stated that the 10-percent disability evaluation was no longer supported because the right elbow "reveals a full range of motion and flexion and extension" and "fails to indicate any abnormality other than [the] spur formation". R. at 5.
On appeal to the BVA, the veteran claimed that his elbow was in constant pain, which prevented him from performing his work as a carpenter. R. at 7, 12. In a November 15, 1988, Statement in Support of Claim, the veteran stated : "My elbow has not gotten better but has worsen [sic] as I can not lean on it or stand to have anything hit it. I am in constant pain from my elbow & wrist right arm as well as my left shoulder." R. at 7. The VA's December 29, 1988, Statement of the Case reiterated that his elbow was capable of a full range of motion and that the rating schedule ( _CFR_4.71A 38 C.F.R. § 4.71a , DC 5206) requires a rating of noncompensable status when flexion of the forearm is greater than 100 degrees. R. at 10.
In his January 10, 1989, Notice of Disagreement, the veteran stated: "I am now having pain from my elbow-right-down through my thumb. I was at the VAOPC/ORL. 1-9-89 about this because I could not do the work I am assigned to do." R. at 12. The veteran also stated that, upon examining his arm in January 1989, an unnamed VA physician "believe[d] that something [was] wrong [and] want[ed] me to return". R. at 12. The veteran specifically requested the Board to obtain the records of that examination from the VA Outpatient Clinic (OPC) in Orlando, Florida. R. at 12. The veteran's statement to the BVA also indicated that he had seen Dr. Zorn at least two more times. The veteran's request for the Orlando records was presented to the Board on two other occasions by his representative. R. at 13, 15. |