Citation Nr: 19122467
Decision Date: 03/26/19	Archive Date: 03/25/19

DOCKET NO. 15-05 881
DATE:	March 26, 2019

REMANDED

Entitlement to a rating in excess of 10 percent for hammer toe of the right foot with partial 2nd toe amputation, from April 1, 2014, is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from February 1977 to February 1980.  This case comes to the Board of Veterans’ Appeals (Board) on appeal of a June 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which granted a temporary total (convalescent) rating for hammer toe of the right foot with partial 2nd toe amputation under 38 C.F.R. § 4.30 for the period of January 31, 2014 to April 1, 2014, after which a 10 percent rating was assigned for the disability.  The Veteran appeals for a higher rating from April 1, 2014.  In July 2018, the Veteran appeared at the RO and testified at a videoconference hearing before the undersigned.  

Entitlement to a rating in excess of 10 percent for hammer toe of the right foot with partial 2nd toe amputation, from April 1, 2014, is remanded.

At his July 2018 Board hearing, the Veteran presented testimony on his right foot disability, asserting that despite trying all types of shoes his foot was still “screaming painful” and he was unable to walk for long distances or stand for long periods of time.  He also expressly stated that his right foot disability has worsened since his last VA examination to evaluate it in June 2015.  Given the evidence that suggests a material change in the Veteran’s condition, and the VA’s duty to assist him in obtaining evidence adequate to decide the claim, an additional examination to assess the current severity of the right foot disability is warranted.  38 C.F.R. §§ 3.159(c)(4), 3.327.  

As noted by the Veteran at the Board hearing, he is receiving treatment for his foot disability about every six months.  Prior to arranging for an examination, the RO should ensure that pertinent updated VA treatment records are associated with the claims file.  The most recent treatment records are dated in January 2019.   

The matter is REMANDED for the following action:

1.  Secure for the record updated (since January 2019) complete records of VA evaluations and treatment the Veteran has received for his right foot disability.  

2.  Then, arrange for the Veteran to be examined by a foot surgeon to determine the current nature and severity of his service-connected hammer toe of the right foot with partial 2nd toe amputation.  The claims file should be reviewed by the examiner.  

The examiner should provide an accurate and fully descriptive assessment of all symptoms attributable to the service-connected disability and their impact on his ability to function, to include any pain that affects use.  To the extent medically possible, the examiner is asked to differentiate the symptoms attributable to hammer toe of the right foot with partial 2nd toe amputation from the 

 

symptoms of the Veteran’s separate service-connected disability of metatarsalgia.  

All opinions must include rationale.  

 

M. H. HAWLEY

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Debbie Breitbeil, Counsel