Citation Nr: 18144715
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 14-32 398
DATE:	October 25, 2018
REMANDED
Entitlement to an initial compensable disability rating for residuals of a left foot stress fracture, to include shin splints, is remanded.
Entitlement to an initial compensable disability rating for residuals of a right foot stress fracture, to include shin splints, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 2006 to April 2009.
These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania, which granted service connection for the Veteran’s bilateral foot disabilities, and denied service connection for her acquired psychiatric disorder claimed as depression, anxiety, and insomnia.  In the August 2014 substantive appeal, the Veteran stated her desire to withdraw her claim for service connection for depression, anxiety, and insomnia.  As such, the issue of entitlement to service connection for an acquired psychiatric disorder, to include depression, anxiety, and insomnia, is not before the Board at this time.
1. Entitlement to an initial compensable disability rating for residuals of a left foot stress fracture, to include shin splints, is remanded.
2. Entitlement to an initial compensable disability rating for residuals of a right foot stress fracture, to include shin splints, is remanded.
The Veteran indicated in the August 2014 substantive appeal that her bilateral foot disabilities have worsened since the last VA examination.  The Board notes that the Veteran last underwent a VA examination evaluating these disabilities in March 2014, over four years ago.  Therefore, a more contemporaneous examination is warranted.  Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the rating of the disability will be a fully informed one); Caffrey v. Brown, 6 Vet. App. 377 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”).
The matters are REMANDED for the following action:
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Schedule the Veteran for a VA examination to address the severity of the residuals of a right and left foot stress fractures, to include shin splints.  Provide the examiner with access to the Veteran’s electronic VBMS file, Virtual VA file, and a copy of this remand.  A complete rationale for any opinions must be provided.  All indicated tests must be performed.
 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Ko, Associate Counsel