Decision Date: 11/13/95 Archive Date: 11/09/95 DOCKET NO. 93-20 927 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to an increased (compensable) rating for Reiter's syndrome. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Robert B. Swanson, Associate Counsel INTRODUCTION The veteran had active service from July 1978 to March 1981.This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that an increased rating for his Reiter's syndrome is warranted due to a recent increase in the severity of the disability. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the evidence supports granting a 20 percent rating for the veteran's Reiter's syndrome. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appellant's appeal has been obtained by the RO. 2. The current manifestations of the veteran's Reiter's syndrome include periodic pain of multiple joints. CONCLUSION OF LAW The criteria for a 20 percent rating for the veteran's Reiter's syndrome have been met. 38 U.S.C.A. §§ 1155, 5107(b) (West 1991); 38 C.F.R. §§ 4.20, 4.71a, Diagnostic Code 5002 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran is seeking an increased rating for his Reiter's syndrome. He has presented a well-grounded claim, which is a claim that is plausible, as required by 38 U.S.C.A. § 5107(a) (West 1991). The VA, in turn, has assisted the veteran in fully developing the facts relevant to his claim as required by 38 U.S.C.A. § 5107(a).According to the veteran's service medical records, Reiter's syndrome was diagnosed in September 1980, and he received periodic treatment thereafter. In October 1980, the veteran received outpatient treatment after complaining of left foot and right leg pain. He reported that he was somewhat improved, and denied any urinary or visual symptoms. The findings were Reiter's symptom residuals of left ankle and foot arthritis and right knee arthritis. The diagnosis was Reiter's syndrome. In May 1981, a VA general medical examination was conducted. Clinical findings included a red, swollen, and warm left hallux. A bone scan revealed increased focal joint activity in the left elbow, left wrist, left thumb, right knee, left ankle, left second toe, and both T-M joints. X-rays of the back and left toes were unremarkable. The diagnosis was active Reiter's syndrome arthritis. The prognosis was that the arthritis was expected to be active for twenty to forty years. In July 1981, the RO granted service connection for Reiter's syndrome, and assigned a noncompensable rating, effective from March 1981. In November 1989, the veteran received treatment from a private physician, Joe N. Jarrett, for right thumb pain and swelling. The diagnosis was probable over-use synovitis of the right thumb IP joint. He was again seen by Dr. Jarrett in January 1992 for right heel, left hip, and left shoulder pain. The diagnosis was Reiter's syndrome with right plantar fasciitis, left SI joint inflammation, and left trapezius myositis. In April 1992, a letter from Dr. Jarrett was submitted. In the letter, Dr. Jarrett indicated that he had seen the veteran twice, once in November 1989 and once in January 1992. He related that although he had not seen the veteran since January 1992, it was quite likely that the veteran experienced further exacerbations of his Reiter's syndrome. VA outpatient treatment records show that when the veteran was seen in May 1992, he indicated his current complaints included right ankle and heel pain, shoulder pain, and back pain. Clinical evaluation revealed that all joints were essentially unremarkable except for right Achilles tenderness. The diagnostic assessment was rule out Reiter's syndrome. Treatment was to include Naprosyn. The veteran was seen in December 1992 for right heel and Achilles tendon pain. Examination revealed right ankle tenderness at the Achilles insertion. The diagnostic impression was Reiter's syndrome. His medication was to be changed to Voltaren. When the veteran was seen by the VA in April 1993, he stated the Voltaren gave him improved relief but that, more days than not, he had trouble with his right heel. Left sacroiliac joint complaints were also noted. The veteran indicated he was functional in the mornings but that by afternoon the pain slowed him down. He denied eye or genitourinary problems at the current time. Examination revealed right ankle tenderness and swelling at the Achilles insertion and left sacriliac joint tenderness. The diagnostic assessment was Reiter's syndrome. In August 1993, the veteran testified before a Board member at a hearing that was held at the RO. During the hearing, the veteran related that his symptoms were arthritic pain of the feet, low back, right shoulder, and right thumb. As to the frequency of his symptoms in 1993, he indicated that as of the date of the hearing he had had about five exacerbations, each of which lasted about two to four days. With respect to treatment, he reported that he had been taking medication daily for about one and one-half years, which fairly controlled his joint swelling, although he still experienced episodic pain. In support of his claim, he submitted a prescription dispensal report, which relates prescriptions dispensed from February 1991 through January 1992. The veteran's Reiter's syndrome is currently rated as noncompensable. He asserts that his symptoms include arthritic pain of multiple joints. A 20 percent rating for rheumatoid arthritis is assigned under the Schedule for Rating Disabilities (Schedule) when there are one or two exacerbations a year in a well-established diagnosis. 38 C.F.R. § 4.71a, Diagnostic Code 5002. The treatment reports of record relate that the veteran has received periodic VA and private outpatient treatment for multiple joint pain, which has been associated with his Reiter's syndrome. Moreover, the treatment reports and the veteran's testimony indicate that his Reiter's syndrome exacerbations have occurred several times a year. Based upon the foregoing, the Board finds that the evidence supports granting a 20 percent rating for the veteran's Reiter's syndrome. 38 U.S.C.A. § 1155; 38 C.F.R. §§ 4.20, 4.71a, Diagnostic Code 5002. The criteria for an evaluation greater than 20 percent have not, however, been met. The evidence is not so evenly balanced as to raise doubt with respect to any material issue. 38 U.S.C.A. § 5107(b). In reaching its decision, the Board has considered the complete history of the disability at issue as well as the current clinical manifestations and the effect the disability may have on the earning capacity of the veteran. 38 C.F.R. §§ 4.1, 4.2, 4.41 (1994). The Board finds that the veteran's disability picture is not so exceptional or unusual as to warrant an extraschedular evaluation. 38 C.F.R. § 3.321(b) (1994). His Reiter's syndrome has not caused marked interference with employment or necessitated frequent periods of hospitalization. ORDER Entitlement to a 20 percent rating for Reiter's syndrome is granted, subject to the law and regulations governing the payment of monetary benefits. JAMES R. ANTHONY Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals. - 2 -