Citation Nr: 20007487
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 17-24 349
DATE: January 29, 2020

REMANDED

Entitlement to an increased evaluation for degenerative arthritis of the right foot with residuals of hemi arthoplasty implant of the right great toe, is remanded.

Entitlement to an increased evaluation for hallux valgus, right foot, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1980 to October 1994.  This matter comes before the Board of Veterans Appeals (Board) from a March 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran appeared before the undersigned Veterans Law Judge at a November 2019 hearing and a transcript of that proceeding has been associated with the record.

1. Entitlement to an increased evaluation for degenerative arthritis of the right foot with residuals of hemi arthoplasty implant is remanded.

2. Entitlement to an increased evaluation for hallux valgus, right foot is remanded.

The Veteran was last afforded a VA examination for his right foot disabilities in April 2016, over three years ago.  Since that time, he has asserted that his symptoms have worsened, and that the prior examination does not accurately reflect the extent of his current functional impairment which includes future surgery.  See i.e. November 2019 Board hearing transcript (“Dr. Hershkins said he could take the old joint out that was put in and he could shave the bone, but he said recovery time for that is not something that I want to deal with…he said the best thing for me to do is just get my toes, all of them…fused”). Consequently, an updated examination is warranted.   

In addition, at his Board hearing the Veteran identified receiving treatment from a private podiatrist, Dr. Hershkins of Lewisburg, and the record does not reflect that treatment documentation from this provider has been associated with the claims file.  

The matters are REMANDED for the following actions:

1. Obtain VAMC treatment records for the period from October 2019 to the present.

2. Ask the Veteran to identify and provide authorization to obtain any outstanding, relevant private medical records, to include those from Dr. Hershkins.  After securing the necessary authorization, these records should be requested.  If any records are not available, the Veteran should be notified.

3. Schedule the Veteran for an examination of the current severity of his right foot disabilities.  The examiner should identify any symptoms and functional impairments due to the symptoms associated with both his right foot hallux valgus and degenerative arthritis of the right foot with residuals of hemi arthoplasty implant of the right great toe.

The examiner is asked to include a full discussion of the symptomatology of right foot related issues as expressed during the Veteran’s November 2019 Board hearing.

4. After completion of the above, review the relevant evidence of record and readjudicate the increased rating issues.  If any of the benefit sought is not granted in full, then furnish the Veteran and his representative an appropriate supplemental statement of the case and provide an opportunity to respond.  Thereafter, return the case to the Board for appellate review.

 

 

MICHAEL KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Marcus J. Colicelli

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.