Citation Nr: 18161052
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 16-63 926
DATE:	December 28, 2018

REMANDED

Entitlement to higher disability ratings for bilateral pes planus, to include whether the reduction from a 50 percent disability rating to a 10 percent disability rating effective May 1, 2015 was proper, is remanded.

Entitlement to a disability rating in excess of 10 percent for residuals of frostbite injury of the right foot is remanded.

Entitlement to a disability rating in excess of 10 percent for residuals of frostbite injury of the left foot is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1977 to July 1980 and February 1981 to February 1984.

These matters come before the Board of Veterans’ Appeals (Board) from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran’s feet were last examined by VA in 2014.  The Veteran asserts that he continues to suffer pain from his pes planus and frostbite residuals of the feet and that these disabilities have worsened.  See November 16, 2018 Statement in Support of Claim; see also November 7, 2018 Podiatry Note (among others).  Updated examinations are necessary to determine the current severity of these disabilities. 

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to his pes planus and frostbite residuals of the feet.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

2. After records development is completed, schedule the Veteran for VA foot and cold injury residuals examinations to determine the current symptoms, level of severity, and functional impairment associated with the service-connected pes planus and frostbite residuals of the feet.  

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Megan Shuster, Law Clerk