Citation Nr: 0810828 Decision Date: 04/02/08 Archive Date: 04/14/08 DOCKET NO. 05-24 784 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to an initial compensable rating for bilateral pes planus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD E. Woodward Deutsch, Associate Counsel INTRODUCTION The veteran served on active duty from June 1977 to August 1977. This matter comes before the Board of Veterans' Appeals (Board) from an August 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that awarded a noncompensable rating for pes planus, effective March 5, 2002. The appeal is REMANDED to the RO via the Appeals Management Center in Washington, D.C. REMAND The veteran has been assigned a noncompensable rating for pes planus. He contends that he is entitled to a higher rating because this foot disability causes him constant pain and has caused him to lose his job. The report of the veteran's March 2004 VA examination indicates that he was employed as a factory worker from 1977 to 2000, at which time he became disabled due to a variety of medical problems, including peripheral vascular disease and residuals from aortobifemoral bypass surgery. The examiner further noted that the veteran had drawn Social Security disability compensation since 2000. However, the records associated with the veteran's claim of Social Security disability benefits have not yet been associated with his claims folder. Because the decision and the medical records upon which an award of Social Security disability benefits is predicated are relevant to the veteran's increased rating claim, efforts to obtain such records should be made. Murincsak v. Derwinski, 2 Vet.App. 363 (1992); Collier v. Derwinski, 1 Vet.App. 413 (1991). VA's duty to assist includes a duty to provide a medical examination or obtain a medical opinion where it is deemed necessary to make a decision on the claim. 38 U.S.C.A. § 5103A(d); 38 C.F.R. § 3.159(c)(4); Robinette v. Brown, 8 Vet. App. 69 (1995). In this case, the VA examiner who conducted the March 2004 examination found that the veteran had foot pain and other symptoms affecting his lower extremities that were likely due to multiple factors, including pes planus. The examiner then referred the veteran for examination by a podiatrist to further delineate the multifactorial nature of his foot disability. The podiatrist determined that the veteran had pes planus which had been acquired during service. Significantly, however, the podiatrist did not provide the information useful to evaluate the veteran's foot disability using the criteria listed under Diagnostic Code (DC) 5276, for the evaluation of pes planus. Therefore it remains unclear to the Board whether the veteran's foot disability meets the criteria for a compensable rating. Accordingly, the Board finds that a remand for an additional podiatric examination and opinion is in order so that the relevant diagnostic information may be elicited. Accordingly, the case is REMANDED for the following actions: 1. Obtain and associate with the claims file the veteran's Social Security Administration records. 2. After the above records have been obtained, schedule the veteran for a podiatry examination. The claims file must be made available to the examiner for review and the report should note that review. The purpose of this examination is to ascertain the current nature and extent of the appellant's service-connected foot disability and the nature and degree of any functional impairment caused by such disability, as opposed to that caused by other non- service- connected conditions. The examiner should provide a complete rationale for all conclusions reached. Any special diagnostic studies deemed necessary should be performed. The examiner should describe all symptomatology due to the appellant's service-connected foot disability. The examiner should state whether or not (1) the veteran's bilateral pes planus is relieved by built-up shoe or arch support; (2) is manifested by the weight-bearing line over or medial to great toe, (3) there is inward bowing of the tendo Achilles, (4) there is pain on manipulation and use of the feet, (5) there is objective evidence of marked deformity (pronation, abduction, etc.), (6) the pain on manipulation and use is accentuated, (7) there is an indication of swelling on use, (8) there are characteristic callosities, (9) there is marked pronation, (10) there is extreme tenderness of plantar surfaces of the feet, (11) there is marked inward displacement, and (12) there is severe spasm of the tendo Achilles on manipulation that is not improved by orthopedic shoes or appliances. 3. Then, readjudicate the veteran's claim for an initial compensable rating for pes planus. If the decision remains adverse to the veteran, issue a supplemental statement of the case. Allow the appropriate time for response. Then, return the case to the Board. The appellant has the right to submit additional evidence and argument on the matter the Board is remanding. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ Harvey P. Roberts Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).