Citation Nr: 18143556
Decision Date: 10/19/18	Archive Date: 10/19/18

DOCKET NO. 15-22 047
DATE:	October 19, 2018
REMANDED
Entitlement to a compensable rating for a scar of the left foot is remanded.
REFERRED
The issue of entitlement to service connection for a left foot disorder was raised in a December 2012 supplemental claim for compensation, which was interpreted by the Agency of Original Jurisdiction (AOJ) as a claim for an increased rating for the service-connected left foot scar.  However, subsequent correspondence makes clear that the Veteran is seeking compensation for left foot pain.  Additionally, a claim of entitlement to service connection for a back disorder was raised in a March 2007 notice of disagreement (NOD), to include as secondary to a foot disorder.  Accordingly, the claims of service connection for left foot and back disorders are referred to the AOJ for adjudication.
REASONS FOR REMAND
The Veteran served on active duty from April 1991 to August 1994.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  
In April 2017, the Veteran and P.R. testified before the undersigned at a Board hearing in Waco, Texas.  A transcript of that hearing has been associated with the virtual file and reviewed.
Entitlement to a compensable rating for a scar of the left foot is remanded.
Initially, the Board notes that the Veteran indicated that he receives treatment for his left foot at a VA medical center, but VA treatment records have not been associated with the virtual file.  Additionally, the Veteran contends that his service-connected scar has worsened since the most recent VA examination in February 2013.  Specifically, he attributes severe foot pain to his scar.  Accordingly, a new VA examination should be provided to determine the current severity of the service-connected left foot scar.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).
The matter is REMANDED for the following actions:
1. Obtain all of the Veteran’s VA treatment records and associate them with the virtual file.  
2. After completing directive #1, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left foot scar.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria, including whether the left foot scar is painful and/or unstable.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the left foot scar alone and discuss the effect of the Veteran’s left foot scar on any occupational functioning and activities of daily living.  Specifically, the examiner should state whether the left foot pain claimed by the Veteran is attributable to his service-connected left foot scar.  If it is not possible to provide an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).
 
Eric S. Leboff
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Gelber, Associate Counsel