Citation Nr: 21066557 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 17-56 092A DATE: November 1, 2021 REMANDED Entitlement to a rating greater than 20 percent for residuals, fracture of the left ankle associated with Meniere's with eustachian tube dysfunction and dizziness, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from January 1981 to December 1989. For his meritorious service, the Veteran was awarded (among other decorations) the Air Commendation Medal. This appeal has a prolonged and complicated procedural history. In pertinent part, the Board denied this appeal in June 2019. However, the Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Partial Remand (JMPR) in November 2020, thereby vacating the Board's determination and remanding the matter for further review. The matter was then remanded by the Board in June 2021 for a current VA ankle examination, which was completed in August 2021. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Unrelated to the instant appeal, the Board also denied a claim seeking entitlement to service connection for a right shoulder disorder in November 2018. The Veteran submitted a Motion for Reconsideration in January 2019, which is still awaiting a response from the Board. Such response will be provided in due course. Although the Board sincerely regrets the additional delay this will cause, further development is necessary prior to the adjudication of this appeal. At the heart of the Veteran's argument is that his left ankle disability, currently in receipt of the maximum 20 percent rating under Diagnostic Code (DC) 5271, warrants an extraschedular evaluation for symptoms not contemplated by the applicable rating criteria. Given an October 2016 VA examination cited in support thereof, and the potential overlap in symptoms with the Veteran's additional left ankle disabilities, the Board finds that referral for extraschedular consideration is now warranted. 38 C.F.R. § 3.321(b)(1); Thun v. Peake, 22 Vet. App. 111 (2008). The Board explicitly notes that while it is remanding for extraschedular consideration, this fact alone is not a finding that the Veteran meets the criteria for such a rating, and should not be read as a fact binding any future Board decision. The matter is REMANDED for the following action: Refer this appeal to the Chief Benefits Director or the Director, Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 3.321(b)(1) for the period beginning February 2013, to the present. [CONTINUED ON NEXT PAGE] The Director is advised that the Veteran has cited to an October 2016 VA examination in support of his claim, and that he is currently in receipt of service connection for multiple left ankle disabilities which may present with overlapping functional impairment. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Kovarovic, 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.