Citation Nr: 18149139 Decision Date: 11/08/18 Archive Date: 11/08/18 DOCKET NO. 13-30 973 DATE: November 8, 2018 REMANDED Entitlement to a rating in excess of 10 percent disabling for chronic metatarsalgia and plantar fasciitis of the right foot, including on an extraschedular basis, is remanded. Entitlement to a rating in excess of 10 percent disabling for chronic metatarsalgia, plantar fasciitis, and a tendon injury of the left foot, including on an extraschedular basis, is remanded. Entitlement to separate compensable ratings for foot conditions, including plantar fasciitis and a tendon injury, is remanded. Entitlement to a rating in excess of 10 percent disabling for chronic arthralgia of the hips on an extraschedular basis is remanded. REASONS FOR REMAND The Board previously denied the issues of entitlement to a rating in excess of 10 percent disabling for chronic metatarsalgia and plantar fasciitis or the right foot; entitlement to a rating in excess of 10 percent disabling for chronic metatarsalgia, plantar fasciitis, and a tendon injury of the left foot; and entitlement to a rating in excess of 10 percent disabling for chronic arthralgia of the hips in a June 2016 decision. However, those issues were returned to the Board pursuant to a June 2018 Joint Motion for Partial Remand. The issues have been recharacterized to reflect the bases for remand identified by the parties. In the June 2018 Joint Motion for Partial Remand, the parties agreed that the Board erred in not providing adequate reasons and bases to support its finding that separate ratings for the Veteran’s bilateral foot conditions were not warranted. The parties further indicated that the issues of extraschedular consideration for the Veteran’s bilateral foot disabilities and bilateral hip disabilities were reasonably raised by the record, but the board did not remand the issue for consideration of an extraschedular evaluation by the Under Secretary for Benefits or the Director, Compensation Service as directed by 38 C.F.R. § 3.321(b)(1). Regarding entitlement to separate compensable ratings for the Veteran’s foot conditions, including plantar fasciitis and a tendon injury, the Board finds that the evidence of record does not presently address the specific symptoms associated with each of the Veteran’s separate foot conditions in a way that would allow the Board to distinguish if the currently assigned ratings consider the entirety of his disability picture related to his feet. Therefore, a new examination is necessary to obtain an analysis of the symptoms of each of the Veteran’s foot conditions, as well as any impairment the respective symptoms cause. Remand is further necessary in order to refer the Veteran’s claims for entitlement to an increased rating for his bilateral foot disabilities and bilateral hip disabilities to the Director, Compensation Service for consideration of an extraschedular evaluation. The record reflects that the Veteran has claimed on numerous occasions that his feet ache and cramp at night, often waking him and interrupting his sleep. Additionally, although the Joint Motion for Partial Remand indicated that the parties did not wish to disturb the Board’s denial of entitlement to a rating in excess of 10 percent bilaterally for arthralgia of the hips, it also indicated that they agreed the issue of extraschedular consideration regarding the Veteran’s hip disabilities was reasonably raised by the record. Specifically, the Veteran claimed that while sleeping, he sometimes moved in a way which caused his hip joints to go out. He indicated that this resulted in pain which, like the cramping in his feet, awakened him and interrupted his sleep. He further contended that he was forced to retire early due to problems associated with his service-connected disabilities. Therefore, the issues of whether the Veteran’s disabilities are productive of impairment beyond that contemplated by the applicable rating criteria and whether the conditions cause marked interference with his employment are reasonably raised by the record. The AOJ should also obtain any relevant, outstanding VA treatment records and afford the Veteran the opportunity to submit or identify any relevant, outstanding private treatment records. The Veteran should be informed of the elements of a claim for an extraschedular rating under 38 C.F.R. § 3.321(b)(1) for his feet and hip disabilities, and be permitted the full opportunity to supplement the record as desired. The AOJ should attempt to obtain any such records for which proper approval has been provided. The matters are REMANDED for the following action: 1. Obtain any relevant, outstanding VA treatment records. Also, inform the Veteran of the elements of a claim for an extraschedular rating under 38 C.F.R. § 3.321(b)(1) for his feet and hip disabilities, and afford him the opportunity to supplement the record as desired, including submitting or identifying any relevant, outstanding private treatment records. The AOJ should attempt to obtain any such records identified for which the proper approval has been provided. 2. Schedule the Veteran for an examination with an appropriate examiner in order to determine the severity of his service-connected conditions of the left and right feet, including metatarsalgia, plantar fasciitis, and a tendon injury. The examiner should specifically discuss the particular symptoms associated with each individual disability and comment on any impairment resulting from such symptoms. The examiner is also asked to comment on whether the symptoms of one disability overlap with or are superimposed on the symptoms of any other disability. The examiner must provide a rationale for all opinions rendered. If the requested opinions cannot be provided without resorting to speculation, the examiner should provide reasons why this is so, and discuss whether the inability to provide the necessary opinion is due to the absence of evidence or the limits of medical and scientific knowledge. 3. Then, the AOJ should refer the Veteran’s claims regarding extraschedular consideration of his feet and hip disabilities to the Under Secretary for Benefits or the Director of the Compensation Service for consideration of the assignment of an extraschedular rating pursuant to 38 C.F.R. § 3.321 (b)(1). M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Ferguson, Associate Counsel