Citation Nr: 18160053 Decision Date: 12/21/18 Archive Date: 12/20/18 DOCKET NO. 11-13 353 DATE: December 21, 2018 REMANDED Entitlement to a compensable rating prior to June 4, 2010, and in excess of 20 percent thereafter for residuals of cervical spine whiplash is remanded. Entitlement to a compensable rating prior to June 4, 2010, and in excess of 10 percent thereafter for bilateral pes planus is remanded. Entitlement to a compensable rating for bilateral hallux valgus is remanded. Entitlement to a compensable rating for anemia is remanded. Entitlement to a compensable rating for residuals, status post cesarean section is remanded. Entitlement to a rating in excess of 10 percent prior to June 4, 2010, and in excess of 30 percent thereafter for depressive and anxiety disorders is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from August 1979 to July 1980 and from May 1983 to December 2003. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran was scheduled for a Board hearing in October 2018, but did not appear, did not timely request postponement, and did not assert good cause for failure to file a timely request for postponement. Thus, her hearing request is deemed withdrawn. 38 C.F.R. § 20.704(d). The Veteran was last afforded VA examinations in June 2010. In her March 2016 VA Form 646, the Veteran stated that her disabilities were more severe than reflected in her past examinations. Accordingly, a remand is required to afford the Veteran a contemporaneous VA examination to assess the current nature, extent, and severity of her disabilities. See Snuffer v. Gober, 10 Vet. App. 400 (1997). Any outstanding VA and private treatment records should also be secured. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 3. Then schedule the Veteran for a VA examination to assess the current nature and severity of her cervical spine, bilateral pes planus, and bilateral hallux valgus disabilities. The claims file should be made available to and be reviewed by the examiner. The examiner should identify all pathology found to be present. The examiner should conduct all indicated tests and studies, to include range of motion studies. The joints involved should be tested in both active and passive motion, and in weight-bearing and nonweight-bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. Considering the Veteran’s reported history, the examiner should also provide an opinion describing functional impairment of the Veteran’s cervical spine and feet due to flare-ups, accounting for pain, incoordination, weakened movement, and excess fatigability on use, and, to the extent possible, report such impairment in terms of additional degrees of limitation of motion. If unable to provide such an opinion without resorting to speculation, please provide a rationale for this conclusion, with specific consideration of the instructions in the VA Clinician’s Guide to estimate, “per [the] veteran,” what extent, if any, flare-ups affect functional impairment. The examiner must include a discussion of any specific facts that cannot be determined if unable to opine without speculation. The examiner should state whether the Veteran has intervertebral disc syndrome (IVDS) of the cervical spine, and if so, whether such has been productive of any incapacitating episodes and the duration of such episodes. If IVDS is not present, the examiner must explain this finding. The examiner should also identify any neurologic impairment related to her cervical spine disability. 4. Schedule the Veteran for a VA examination to assess the current nature and severity of her anemia. The claims file should be made available to and be reviewed by the examiner, and all necessary tests should be conducted, with all findings reported in detail. 5. Schedule the Veteran for a VA examination to assess the current nature and severity of her residuals, status post cesarean section. The claims file should be made available to and be reviewed by the examiner, and all necessary tests should be conducted, with all findings reported in detail. 6. Schedule the Veteran for a VA examination to determine the extent and severity of her depressive and anxiety disorders. The entire claims file must be reviewed by the examiner. All signs and symptoms of the service-connected depressive and anxiety disorders must be reported in detail. S. BUSH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Marley, Counsel