Citation Nr: 1322897 Decision Date: 07/18/13 Archive Date: 07/24/13 DOCKET NO. 10-17 030 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to an initial compensable evaluation for right foot hallux valgus. 2. Entitlement to an initial compensable evaluation for left foot hallux valgus. 3. Entitlement to an initial compensable evaluation for bilateral pes planus. 4. Entitlement to an initial compensable evaluation for costochondritis, claimed as chest pain. ATTORNEY FOR THE BOARD Jason A. Lyons, Counsel INTRODUCTION The Veteran served on active duty from January 2003 to October 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina, which granted service connection for each of the conditions indicated above on the title page, and regarding which the Veteran appealed the initial assigned noncompensable (0 percent) evaluations. See Fenderson v. West, 12 Vet. App. 119, 125-26 (1999) (when a veteran appeals the initial rating for a disability, VA must consider the propriety of a "staged" rating based on changes in the degree of severity of it since the effective date of service connection). Jurisdiction was later transferred to the RO located in Chicago, Illinois. The Veteran was previously scheduled to attend a September 2012 Travel Board hearing at the RO before a Veterans Law Judge (VLJ), for which she did not appear. When upon further review of the case file it was determined that the original hearing notification letter had been sent to the wrong address, the Board in March 2013 correspondence offered the Veteran the opportunity for a new hearing. The Veteran declined, requesting that the Board consider this case on the evidence of record. The Board will now proceed accordingly. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND The Board deems the current record insufficient upon which to evaluate the Veteran's service-connected right and left hallux valgus conditions, costochondritis, and bilateral pes planus, as the Veteran last underwent a relevant VA Compensation and Pension examination in August 2007, nearly six years ago. More contemporaneous VA examination findings are clearly necessary, and will be requested. See Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007), citing Caluza v. Brown, 7 Vet. App. 498, 505-06 (1998) ("Where the record does not adequately reveal the current state of the claimant's disability...the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination."). See also Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGPREC 11-95 (1995). As the case must be remanded for the foregoing reasons, any recent treatment records should also be obtained, to include from Dr. League at the University of Illinois, Chicago. Accordingly, the case is REMANDED for the following action: 1. Ask the Veteran to identify all VA and non-VA medical care providers that have treated her for her service-connected bilateral foot disorders and costochondritis since October 2007, including, but not limited to, Dr. League at the University of Illinois, Chicago. Make arrangements to obtain all records that she adequately identifies. 2. Thereafter, schedule the Veteran for a VA podiatric examination. The claims folder should be made available to and reviewed by the examiner. All indicated studies and tests should be performed. Following examination of the Veteran, the examiner should describe the current severity and all manifestations associated with the Veteran's bilateral pes planus and right and left foot hallux valgus. The examiner should fully explain any opinion expressed. 3. Schedule the Veteran for an appropriate VA examination for her costochondritis. The claims folder should be made available to and reviewed by the examiner. All indicated studies and tests should be performed. Following examination of the Veteran, the examiner should describe the current severity and all manifestations associated with the Veteran's costochondritis. The examiner should fully explain any opinion expressed. 4. After the requested examinations have been completed, the reports should be reviewed to ensure that they are in complete compliance with the directives of this remand. If the reports are deficient in any manner, they should be returned to the examiner for corrective action. 5. Finally, after undertaking any other development deemed appropriate, re-adjudicate the claims on appeal. If the benefits sought are not granted, furnish the Veteran and her representative, if any, with a Supplemental Statement of the Case (SSOC) and afford them an opportunity to respond before the record is returned to the Board for further review. The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). No action is required of the Veteran until further notice. However, the Board takes this opportunity to advise the Veteran that the conduct of the efforts as directed in this remand, as well as any other development deemed necessary, is needed for a comprehensive and correct adjudication of her claims. Her cooperation in VA's efforts to develop her claims, including reporting for any scheduled VA examination, is both critical and appreciated. These claims must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ P.M. DILORENZO 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) (2012).