Citation Nr: 21004210 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 17-17 938 DATE: January 26, 2021 REMANDED Entitlement to a disability rating higher than 30 percent for bilateral pes cavus with plantar fasciitis, osteoarthritis of various interphalangeal and metacarpal phalangeal joints, and plantar and posterior heel spurs is remanded. Entitlement to a disability rating higher than 10 percent for left ankle strain is remanded. Entitlement to a disability rating higher than 10 percent for right ankle strain is remanded. REASONS FOR REMAND The Veteran had active duty from December 1975 through June 1977. This case comes to the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified during a February 2020 Board hearing before the undersigned Acting Veterans Law Judge (AVLJ). A transcript of those proceedings is of record. In April 2020, the Board, in part, remanded these issues for additional development. The Board finds that more development is necessary prior to final adjudication of the claims on appeal. 1. Entitlement to a disability rating higher than 30 percent for bilateral pes cavus with plantar fasciitis, osteoarthritis of various interphalangeal and metacarpal phalangeal joints, and plantar and posterior heel spurs In April 2020 the Board remanded this issue with an order to “schedule the Veteran for bilateral foot and ankle examinations to determine the severity of symptoms and the extent of functional impairment associated with the Veteran’s service-connected bilateral pes cavus with plantar fasciitis, osteoarthritis of various interphalangeal and metacarpal phalangeal joints, and plantar and posterior heel spurs.” Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding this issue. While VA provided a foot examination in July 2020 it was not adequate for rating purposes. The examiner confirmed the Veteran’s diagnosis of bilateral pes cavus, along with other conditions, but they did not complete the section of the disability benefit questionaire (DBQ) specifically addressing pes cavus symptoms and did not discuss the presence or absence of the relevant symptom in any other section. Another remand is therefore required in order to obtain an adequate examination of the Veteran’s feet. Stegall v. West, 11 Vet. App. 268, 271 (1998), Barr v. Nicholson, 21 Vet. App. 303 (2007). 2. Entitlement to a disability rating higher than 10 percent for left ankle strain and higher than 10 percent for right ankle strain In April 2020 the Board remanded this issue with an order to “schedule the Veteran for bilateral foot and ankle examinations to determine the severity of symptoms and the extent of functional impairment associated with the Veteran’s service-connected[…]right ankle strain; and, left ankle strain.” Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding these issues. While VA provided an ankle examination in July 2020 it was not adequate for rating purposes. The Veteran’s December 2015 private evaluation mentioned instability in both ankles that caused falls. VA medical records from June 2019 show that he went to the emergency room when his right ankle gave out and he fell down some stairs. In the history section of the July 2020 DBQ the examiner noted the Veteran’s report that his “ankle was unstable, weak.” Without addressing this relevant evidence, the July 2020 examiner checked boxes on the DBQ stating that ankle instability or dislocation was not suspected and did not perform any stability testing. The examiner did not discuss the Veteran’s complaint of bilateral ankle instability anywhere else on the DBQ. Another remand is therefore required in order to obtain an adequate examination of the Veteran’s ankles. Stegall v. West, 11 Vet. App. 268, 271 (1998), Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: 1. The Veteran should be requested to provide the names, addresses and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated him for the disabilities on appeal. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims folder. 2. Schedule the Veteran for bilateral foot and ankle examinations to determine the severity of symptoms and the extent of functional impairment associated with the Veteran’s service-connected bilateral pes cavus with plantar fasciitis, osteoarthritis of various interphalangeal and metacarpal phalangeal joints, and plantar and posterior heel spurs; right ankle strain; and, left ankle strain. The examiner should review the claims file in conjunction with the examination and conduct all necessary tests and studies. (Continued on the next page)   3. After completion of the above development, the issues on appeal should be readjudicated. If the determination remains averse to the Veteran, he and his representative should be furnished with a SSOC and be given an opportunity to respond. James A. DeFrank Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Zimmerman 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.