Citation Nr: 21067904 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 18-20 587 DATE: November 8, 2021 REMANDED Entitlement to an increased disability rating in excess of 10 percent for low back strain with degenerative arthritis is remanded. Entitlement to an increased disability rating in excess of 30 percent from April 1, 2016 to February 7, 2017 and from May 1, 2017 for right hallux valgus with bunionectomy and amputation of 2nd and 3rd right toes is remanded. Entitlement to an increased disability rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded. Entitlement to an increased disability rating in excess of 10 percent for radiculopathy of the right lower extremity is remanded. Entitlement to service connection for neuropathy is remanded. REASONS FOR REMAND Having reviewed the record, the Board finds remand is warranted. With respect to the service connection claim for neuropathy, remand is warranted for an examination. During the July 2021 hearing, the Veteran asserted that his neuropathy is related to his altered gait associated with his service-connected right hallux valgus with bunionectomy and amputation of the 2nd and 3rd right toes and radiculopathy of the lower extremities. Here, VA treatment records note an indication of neuropathy/phantom pain. Additionally, a May 2018 VA examination indicates difficulty with balance since the Veteran's amputation surgery. Accordingly, remand is warranted for an examination to assess the nature and etiology of the Veteran's claimed neuropathy of the right lower extremity. The examiner should provide an opinion on whether it is etiologically related to service-connected right hallux valgus with bunionectomy and amputation of the 2nd and 3rd right toes and/or radiculopathy of the lower extremities. With respect to the increased rating claims, remand is warranted for an examination to assess the current severity of service-connected right hallux valgus with bunionectomy and amputation of the 2nd and 3rd right toes, radiculopathy of the left and right lower extremities, and low back strain with degenerative arthritis. During the July 2021 hearing, the Veteran endorsed new symptoms that indicate a potential worsening of symptoms. Accordingly, the Veteran should be afforded an opportunty for an examnation to assess the current severity of these disabilities. Additionally, with respect to the low back strain claim, the Board notes that the current back VA examinations do not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016), which require passive range of motion measurements and pain on weight-bearing testing. Accordingly, on remand any back examinations must comply with the requirements in Correia. Any outstanding VA treatment records from May 2019 to present should be obtained and associated with the claims file. The matters are REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from May 2019 to present. 2. Schedule the Veteran for a VA examination for his claimed neuropathy. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Is the disability at least as likely as not related to service? (b) Is the disability at least as likely as not proximately due to service-connected right hallux valgus with bunionectomy and amputation of the 2nd and 3rd right toes and/or radiculopathy of the lower extremities, to include any associated altered gait or balance thereof? (c) Is the disability at least as likely as not aggravated, i.e., worsened beyond its natural progression, by service-connected right hallux valgus with bunionectomy and amputation of the 2nd and 3rd right toes and/or radiculopathy of the lower extremities, to include any associated altered gait or balance thereof? 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected (i) right hallux valgus with bunionectomy and amputation of the 2nd and 3rd right toes, (ii) radiculopathy of the left and right lower extremities, and (iii) low back strain with degenerative arthritis. 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. Specifically with respect to the low back strain with degenerative arthritis, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Vang, 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.