Citation Nr: 21004855 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 16-15 493 DATE: January 28, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for degenerative joint disease of the right foot is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1980 to March 1981. The Veteran initially testified at a Board hearing in June 2019 before the undersigned Veterans Law Judge (VLJ). Unfortunately, the transcript from that hearing was unavailable. As such, the Veteran testified again at a Board hearing in December 2020 before the undersigned VLJ. A transcript of that hearing has been associated with the record. At the Board hearing, the Veteran appeared to assert that his right ankle surgical scar from a December 2009 right ankle fusion with debridement warrants a separate, compensable rating. However, this scar appears to be associated with the Veteran’s service-connected status post open reduction internal fixation of the right ankle, which is not currently before the Board. As this scar does not appear to be associated with the Veteran’s right foot degenerative joint disease, it is not properly before the Board and should be raised with the Agency of Original Jurisdiction (AOJ). Additional VA treatment records were associated with the record that have not been considered by the AOJ. However, in light of the need to remand, the AOJ will have the opportunity to consider these records on remand. Thus, there is no prejudice to the Veteran in proceeding with this remand. Entitlement to an initial rating in excess of 10 percent for degenerative joint disease of the right foot is remanded. The Veteran asserts that his right foot disability warrants an initial higher rating. He was last afforded a VA examination addressing the severity of this disability in February 2015, almost six years ago. Importantly, the evidence of record appears to indicate that the Veteran’s disabilty has increased in severity since the Veteran was last examined by VA. In this regard, in a March 2016 statement, the Veteran indicated that he needed right foot surgery. Moreover, more recent VA clinical records also indicate that the Veteran may need surgical correction. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of degenerative joint disease of the right foot. In light of the need to remand, obtain additional VA clinical records from December 2020 to the present. The matters are REMANDED for the following action: 1. Obtain additional VA clinical records from December 2020 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected degenerative joint disease of the right foot. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. If the Veteran has had recent surgery with respect to the right foot disability, please delineate any residuals, including scars. Specifically, the examiner must determine whether the Veteran's disability more nearly approximates moderately severe or severe foot injury. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J.N. Moats 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.