Citation Nr: 21000386
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 10-46 006
DATE: January 5, 2021

REMANDED

Entitlement to a disability rating in excess of 60 percent for gouty arthritis of bilateral knees, right foot, and right wrist is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1984 to October 1987 and from October 1987 to May 1991. The claim was most recently before the Board in August 2019. There has not been substantial compliance with the remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998).

Entitlement to a disability rating in excess of 60 percent for gouty arthritis of bilateral knees, right foot, and right wrist is remanded.

The claim must be remanded again because the October 2020 VA examination is inadequate. The examiner said it is likely that the Veteran “experiences” the presence of gouty arthritis in other joints, including the back. The examiner commented that he was unable to differentiate symptomatology related to the gouty arthritis from symptoms related to the back at this time and recommended additional diagnostic testing to further evaluate. The examiner specifically said, “I am unable to render a diagnosis without mere speculation at this point of gouty arthritis, further evaluation will be needed.”

There is no indication that any additional testing was conducted. The claim must be remanded for a new VA examination that includes all necessary testing to assess the Veteran’s gout condition.

The matters are REMANDED for the following action:

Schedule the Veteran for the appropriate VA examination to assess the severity of his service-connected gouty arthritis of bilateral knees, right foot, and right wrist. Copies of all pertinent medical records should be made available to the examiner for review. All necessary diagnostic testing should be performed using the appropriate DBQ if available. The examination must include discussion and consideration of the October 2020 VA examiner’s recommendation for additional testing. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. G. Perkins, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.