Citation Nr: 18146040
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 15-39 416
DATE:	October 30, 2018
REMANDED
The issue of entitlement to a rating higher than 20 percent for spina bifida with muscle spasms is remanded.
The issue of entitlement to a rating higher than 20 percent for gastritis is remanded.
The issue of entitlement to a rating higher than 10 percent for bilateral pes planus is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1979 to January 1990.            
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina.       
1. The issue of entitlement to a rating higher than 20 percent for spina bifida with muscle spasms is remanded.
2. The issue of entitlement to a rating higher than 20 percent for gastritis is remanded.
3. The issue of entitlement to a rating higher than 10 percent for bilateral pes planus is remanded.
A remand of the issues on appeal is warranted for additional medical inquiry.  The most recent VA examinations into these claims were conducted in June 2015, over three years ago.  Evidence included in the record since then, to include VA treatment records, evidence associated with a claim for special monthly compensation, and a statement from the Veteran, indicates a worsening of the disabilities.  The Veteran should be provided with new VA examinations.           See Green v. Derwinski, 1 Vet. App. 121 (1991).  
The matters are REMANDED for the following action:
1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran’s claims to the extent possible.  Include in the record any outstanding VA treatment records, the most recent of which are dated in February 2017.  All records/responses received must be associated with the electronic claims file.
2. Schedule a VA compensation examination to determine the nature and severity of back disability.    See 38 C.F.R. § 4.71a, Diagnostic Codes 5235-43 (2018).  The examiner should review the claims folder.  In a report detailing the nature and severity of the disorder, the examiner should comment on the following: 
(a).  Does the disorder involve ankylosis?   
(b).  Does the disorder cause intervertebral disc syndrome and resulting incapacitating episodes?  
(c).  Does the disorder cause forward flexion limitation to 30 degrees or less?    
Please support any opinion provided with a full explanation.
3. Schedule a VA compensation examination to determine the nature and severity of digestive disability.  See 38 C.F.R. § 4.114, Diagnostic Codes 7305, 7307 (2018).  The examiner should review the claims folder.  In a report detailing the nature and severity of the disorder, the examiner should comment on the following: 
(a).  Does the disorder cause eroded areas, ulcers, and/or hemorrhages?  
(b).  Does the disorder cause impairment of health characterized by anemia, weight loss, or recurrent incapacitating episodes?
(c).  Does the disorder cause severe pain, vomiting, recurrent hematemesis or melena with anemia and weight loss productive of definite impairment of health?
Please support any opinion provided with a full explanation.
4. Schedule a VA compensation examination to determine the nature and severity of bilateral pes planus.  The examiner should review the claims folder.  In a report detailing the nature and severity of the disorder, the examiner should comment on the following:
(a).  Does the disorder cause symptoms productive of severe or pronounced disability?  See 38 C.F.R. § 4.71a, Diagnostic Code 5276 (2018).
(b).  Does the Veteran have other foot disabilities and, if so, can symptoms associated with other foot disabilities be differentiated from the bilateral pes planus?  
Please support any opinion provided with a full explanation.

 
G. A. WASIK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher McEntee, Counsel