Citation Nr: 20026099
Decision Date: 04/15/20	Archive Date: 04/15/20

DOCKET NO. 14-14 090
DATE: April 15, 2020

REMANDED

The issue of an initial rating in excess of 10 percent for left foot hallux valgus, status post-surgical repair is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1982 to August 2005. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2009 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

This case was previously before the Board in February 2018, at which time it was remanded for further development. During the pendency of the appeal, an April 2019 rating decision established the Veteran’s left foot plantar fasciitis, metatarsalgia, and degenerative arthritis were related to his service-connected disability of left foot hallux rigidus and arthritis, first metatarsal, status post-surgical repair. Accordingly, the RO assigned an evaluation of 30 percent with an effective date of March 29, 2019.  The Veteran did not appeal the April 2019 rating decision; therefore, that issue is not before the Board for consideration. 

The Veteran contends that his left foot hallux rigidus, hallux valgus, arthritis, and first metatarsal, status post-surgical repair warrants an initial disability rating in excess of 10 percent. January 2010, NOD.

In May 2019, after the issue on appeal was certified to the Board, VA conducted a left foot examination, but a supplemental statement of the case (SSOC) was not issued. In December 2019, VA informed the Veteran of his right to waive initial consideration of the May 2019 VA examination by the that the RO or request the matter be remanded for RO consideration. The Veteran requested that the issue be remanded. See January 2020, Correspondence; December 2019, VA notification letter; May 2019, VA examination. A remand, therefore, is necessary for the AOJ to issue a SSOC to consider a May 2019 VA left foot examination. See 38 C.F.R. § 19.31(b).

The matter is REMANDED for the following action:

1. Obtain all outstanding records of VA evaluation and/or treatment records of the Veteran since January 2020. All records/responses received should be associated with the claims file.

2. After completing directive #1, issue an SSOC regarding entitlement to an initial rating in excess of 10 percent for left foot hallux valgus, status post-surgical repair.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Straughn, Associate Counsel

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.